A granite leaseholder's quarry lease determination proceedings were challenged as violative of natural justice since it never received the show cause notice. The Court set aside the impugned proceedings and directed a fresh enquiry after hearing the petitioner's explanation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 1073 OF 2023
Between:
M/s Eureka Granites, rep by its Prop. Smt A.R.Sumathi, D.No.l-77, Kothamma Thalli Street, Shree Venkateswara Colony, Tekkali Mandal, Srikakulam District.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the
nature of a Writ of Mandamus declaring the proceedings of the 2nd respondent in D.Dis. Proceedings No.6222855/D1-1/2022dt.24.08.2022as arbitrary, illegal, violative of the Principles ofNaturalJusticeandviolative of Articles 14, 21 and 19 (1) (g) of the Constitution of India and to consequently set aside the said proceedings of the 2nd respondent in D.Dis.Proceedings No.6222855 / D1- 1/2022 dt.24.08.2022.
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities not to lease the color granite quarry in an extent of 6.00 Hec in Sy.No.199 of Jarali village, Sarvakota Mandal, Srikakulam district to any 3rd party pending disposal of the above writ petition.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the counter copies on record by allowing the leave petition in the above writ petition.
Counsel for the Petltioner(s): SRI. G SAI NARAYANARAO
Counsel for the Respondents 1 to 4 : GP FOR MINES ANDGEOLOGY
The Court made the following: ORDER
[3233]
APHC010019922023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
THURSDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 1073/2023
Between:
M/ S Eureka Granites ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1 .G SAI NARAYANA RAO
Counsel for the Respondent(S):
1 .GP FOR MINES AND GEOLOGY
The Court made the following Order:
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Mines and Geology for the respondents.
- This writ petition was filed questioning the proceedingsofthe2*^^ respondent dated 24.08.2022 determining the quarry lease of the petitioner in an extent of 6.00 hectares in Sy.No.l99ofJaraliVillage, Sarvakota Mandal, Srikakulam District.
2
3
proceedings of the 2*^^ respondent dated 24.08.2022 they filed this writ petition before this Court.
- He further admits that, the petitioner did not approachthe 2^^^ respondent by filing an application to give an opportunity to participate in the enquiry soon after coming to knowoftheabovesaid proceedings dated 24.08.2022.
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order. On receipt of the same, the 2nd respondent shall conduct denova enquiry by hearing all the parties concerned including the petitioner and upon verification of the records and the subject area, an appropriate decision can be taken by the 2nd respondent on it’s own merits.
- Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
As a sequel. Miscellaneous Petitions pending, if any, shall stand closed.
REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
7. Three CD Copies
Madhu
HIGH COURT
DATED:21/03/2024
ORDER
WP.No.1073 of 2023
/
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Wi
4«--
DISPOSING THE WP WITHOUT COSTS
1 issue framed by the court
Whether the quarry lease determination proceedings of 24.08.2022 issued without the petitioner participating in the enquiry should be set aside for a de novo enquiry.
2 provisions across 2 enactments
M/s Eureka Granites, rep by its Prop. Smt A.R.Sumathi
The State of Andhra Pradesh, rep by its Principal Secretary Industries and Commerce Department
The Director of Mines and Geology
The Deputy Director of Mines and Geology, Srikakulam
The Assistant Director of Mines and Geology, Srikakulam
B Krishna Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
