Disposed

M/S Narayana Silica Minerals v. the State of Andhra Pradesh

Andhra Pradesh HC18 Apr 2022WP/8962/2022

Case brief

AI extract

What is this about?

In a petition challenging inordinate delay in processing a quarry lease application for silica sand, the Court directed authorities to give the petitioner a 14-day notice to attend a DGPS survey and decided the matter within eight weeks.

What did the court decide?

Directed to issue a 14-day notice for DGPS survey and dispose of the quarry lease application within eight weeks.

M/S Narayana Silica Minerals Vs the State of… — Service and Employment | Andhra Pradesh HC (2022)

¶1

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.8962 of 2022

¶2

ORDER:

¶3

The petitioner has applied for grant of a quarry lease for silica sand over an extent of Ac.19.76 cents in Sy.No.366-P5 of Chinthavaram Village, Chilakur Mandal, SPSR Nellore District for a period of 20 years by application dated 10.07.2017. The petitioner, being aggrieved by the inordinate delay in considering and passing orders on his application, by the respondent, has approached this Court by way of the present writ petition.

¶4

The learned Government Pleader for Mines and Geology had obtained instructions from the Assistant Director of Mines & Geology, Nellore. On the basis of the said instructions, the learned Government Pleader submits that the Tahsildar, Chillakur Mandal were not inclined to issue a NOC for the applied area initially. Subsequently, the Tahsildar, Chillakur by proceedings dated 09.10.2021 had informed the Assistant Director, Mines & Geology that there was no objection for grant of a quarry lease to the applicant. Accordingly, the petitioner had been called upon to attend the DGPS survey by letter dated 10.12.2021. However, the petitioner neither attended the DGPS survey nor has he complied with various other issues raised by the respondents. The learned Government Pleader submits that in such circumstances the case of the petitioner could not be considered.

¶5

¶6

The application of the petitioner had been given on 10.07.2017. The learned Government Pleader contends that the petitioner had not attending the DGPS survey despite the notice dated 10.12.2021 being given to the petitioner.

¶7

This would go to show that there is a gap of about four years before any further intimation was given to the petitioner and such a delay is clearly arbitrary and highhanded.

¶8

However, there is also a complaint that the petitioner has not cooperated with the respondents authorities.

¶9

It is also apparent from the instructions received by the learned Government Pleader that the application of the petitioner is still pending and no orders have been passed either granting a quarry lease on the basis of the application or rejecting the said application.

¶10

In view of the aforesaid facts, it must be held that the issues raised by the learned Government Pleader will not discharge the responsibility of the respondents in passing orders on the application of the petitioner. It is always open to the respondents to take a view and pass order accordingly. In the absence of such orders, the application of the petitioner remains pending and that is clearly not contemplated either under the act and rules.

¶11

In view of the aforesaid circumstances, it would be appropriate to dispose of this writ petition with a direction to the respondents to give the petitioner one more opportunity to

¶12

¶13

attend the DGPS survey by giving a notice with a clear period of fourteen days. There upon, the respondents depending upon the compliance of the petitioner shall take appropriate decision and pass orders on the application of the petitioner dated 10.07.2017, expeditiously and preferably within a period of eight weeks from the date of receipt of this order.

¶14

Accordingly, this writ petition is disposed of. There shall be no order as to costs.

¶15

As a sequel, pending miscellaneous petitions, if any, shall

¶16

stand closed.

¶17

____________________________ R. RAGHUNANDAN RAO, J.

¶18

18.04.2022 BSM

¶19

¶20

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

¶21

WRIT PETITION No.8962 of 2022

¶22

18-04-2022

¶23

BSM

M/S Narayana Silica Minerals v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/S Narayana Silica Minerals v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kummari Venkanna Babu Vs the State of Andhra Pradesh

Kore Ranga Sai Vs The State of Andhra Pradesh

Sri Veera Bramhendra Minerals Vs The State of Andhra Pradesh

D.Subbanna Vs The State of Andhra Pradesh

Durgasi Dharma Rao Vs The Project Director cum Joint Programme Co-Ordinator Mgnregs

G. Maddileti Reddy, Vs State of Andhra Pradesh