The court held that the impugned proceedings cancelling a quarry lease were liable to be set aside because the authority admitted issuing no notice to the petitioner before passing the order, violating natural justice principles.
The impugned proceedings dated 07.12.2020 issued by the 1st respondent are set aside.
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HON’BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI WRIT PETITION No. 24339 OF 2020
ORDER:
The writ petition is filed seeking to issue a writ of Mandamus declaring the action of the 1st respondent in issuing the impugned Proceedings dated 07.12.2020 cancelling the quarry lease granted to the petitioner for mineral quartz situated over an extent of Ac.24.359 Hectares in Survey No.9/P, 92/P of Brahmanapalli Village and Sy.No.408/P, 888/P of Dorigallu village, Muddigubba Mandal, Ananthapur District, as illegal and arbitrary.
Heard learned counsel for the petitioner and the learned Government Pleader for Mines and Geology appearing for the respondents.
The brief facts of the case are that the petitioner was granted quarry lease over the subject land for quarrying, for a period of 20 years as per the Proceedings dated 05.11.2020 issued by the 1st respondent. Pursuant to the same, a Lease Agreement was executed by the 3rd respondent on 09.11.2020. The 3rd respondent issued letter dated 09.11.2020, which was served on the petitioner on 28.11.2020 granting one month time for execution of quarry over the subject land and directed the petitioner to submit a notarised affdavit in place of Mineral Dues Clearance Certificate (MDCC) with regard to other quarry leases. As per the Lease Agreement dated 09.11.2020, the petitioner was carrying on quarry operations.
While so, the 1st respondent issued the impugned proceedings dated 07.12.2020, which were served on the petitioner on 14.12.2020 through e-mail, cancelling the said quarry lease on the ground that the “grant made as mistake of fact as the grantee hide the details of the
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leases already held by them in the State and not submitted valid Mineral Dues Clearance Certificate (MDCC).”
The grievance of the Petitioner is that before issuing the impugned proceedings, no notice or opportunity was given to him.
Sri Vedula Venkata Ramana, the leaned senior counsel appearing on behalf of the petitioner reiterated the contentions raised in the accompanying affidavit and submits that the petitioner is ready and willing to pay the mineral dues if any.
Learned Government Pleader for Mines and Geology appearing for the respondents fairly admits that no notice was given to the petitioner prior to passing of the impugned order.
In that view, without dealing with the other contentions raised by the petitioner, as admittedly, no notice was issued to the petitioner before cancelling the lease granted to the petitioner, the impugned proceedings are liable to be set aside.
Accordingly, the impugned proceedings dated 07.12.2020 issued by the 1st respondent is hereby set aside. However, this order shall not preclude the authority from taking appropriate action in accordance with law.
Miscellaneous Petitions, if any, pending in the writ Petition shall stand closed.
_________________________ KONGARA VIJAYA LAKSHMI, J
18.12.2020 Mjl/*
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HON’BLE SMT. JUSTICE KONGARA VIJAYA LAKSHMI
WRIT PETITION No. 24339 OF 2020 (allowed)
18.12.2020
Mjl/*
1 issue framed by the court
Whether the cancellation of a quarry lease without prior notice and opportunity of being heard violates the principles of natural justice.
The Petitioner
1st Respondent
2nd Respondent
3rd Respondent
Kongara Vijaya Lakshmi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
