Allowed

M/s Eureka Granites v. The State of Andhra Pradesh

Andhra Pradesh HC20 Mar 2024WP/1080/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition questioning quarry lease proceedings determined without prior show notice and hearing. The court invoked Section 151 CPC to ensure future compliance with natural justice by directing a denova enquiry with notice before any decision.

What did the court decide?

The writ petition was disposed of; the impugned proceedings were set aside; a direction was issued for a de novo enquiry with notice to the petitioner.

M/s Eureka Granites Vs The State of Andhra Pradesh — Andhra Pradesh HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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THURSDAY, THE TWENTY FIRST DAY OF MAR TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE B KRISHNA MOHA WRIT PETITION NO: 1080 OF 2023

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Between:

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I M/s Eureka Granites, rep by its Prop. Smt A.R.Surnathi, D.No.1-77, Kothamma Thalli Street, Shree Venkateswara Colony, Tekkali Mandal, Srikakulam District.

...PETITIONER

AND

The State of Andhra Pradesh, rep by its Principal Secretary Industries and Commerce Department, Secretariat, Vellagapudi Guntur District.

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The Director of Mines and Geology, Mines Department, Ibrahimpatnam, Krishna District.

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The Deputy Director of Mines and Geology, Srikakulam^District.

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The Assistant Director of Mines and Geology, Srikakulam.

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...RESPONDENTS

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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 2 nd respondent in D.Dis.Proceedings NO.6224964/D1-1/2022 dt.27.08.2022 as arbitrary, illegal,^violativeof the Principles of Natural Justice and violative of Articles 14, 21 and (1) (g) of the Constitution of India and to consequently^setaside the said proceedings of the 2nd respondent in D.Dis.Proceedings No.6224964/DI-1/2022 dt.27.08.2022.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support^of the writ petition, the High Court may be pleased to direct the^respondent authorities not to lease the color granite quarry in^{anextentof2.00} Hec in Sy.No.199 of Jarali village, Sarvakota mandal, Srikakulam district to any 3rd party pending disposal of the above^{writpetition.} lA NO: 1 OF 2024

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Between:

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The State of Andhra Pradesh, rep by its Principal Secretary Industries and Commerce Department, Secretariat, Vellagapudi, Guntur District.

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The Director of Mines and Geology, Mines Department,

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Ibrahimpatnam, Krishna District.

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The Deputy Director of Mines and Geology, Srikakulam^District.

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4.The Assistant Director of Mines and Geology, Srikakulam.

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ 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 PetitioneriSRI. G. SAI NARAYANA RAO

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Counsel for the Respondents No.1 to 4: GP FOR MINES^AND

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GEOLOGY

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The Court made the following: ORDER

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APHC010019992023

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI

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[3233]

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08^I'l.. (Special Original Jurisdiction)

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THURSDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 1080/2023

Between:

M/s Eureka Granites

...PETITIONER

AND

...RESPONDENT(S) The State Of Andhra Pradesh and Others

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Counsel for the Petitioner:

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1.GSAI NARAYANA RAO

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Counsel for the Respondent(S):

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1.GP FOR MINES AND GEOLOGY

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The Court made the following Order:

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Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Mines and Geology for the respondents.

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This writ petition was filed questioning the proceedings^{ofthe2^^} respondent dated 27.08.2022 determining the quariy lease of the petitioner in an extent of 2.000 hectares in Sy.No.l99^{ofJaraliVillage,}

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Sarvakota Mandal, Srikakulam District.

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The learned counsel for the petitioner submits that^{thepetitioner} did not receive the show cause notice dated 11.08.2022^andbehind the back of the petitioner, the proceedings went on and the 2^^ respondent passed the above said impugned proceedings dated 27.08.2022 determining the quarry lease of the petitioner for the subject area. In fact, the petitioner also submitted^{renewalapplication} dated 31.03.2022 and the same is not yet disposed of. Ignoring the same. the above said impugned orders have been passed by^{the2^^} respondent dated 27.08.2022.

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On the other hand, the learned Assistant Government^Pleader for Mines and Geology submits that as per the report of the 4* respondent the petitioner did not carry the quarry^{operationsanddid} not receive the show cause notice dated 11.08.2022^also. The postal endorsement for the said show cause notice is that^{the“Addressee} Left, hence return to sender”. Since the petitioner^{didnotapproach} the authorities concerned and did not appraise the^{correctaddressof} the petitioner, the respondents have no option except^{toproceedwith} the enquiry on the return of the above said show cause^{noticewiththe} above said endorsement.

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In reply, the learned counsel for the petitioner^{submitsthatthe} petitioner was not aware of the issuance of the show^{causenoticeat} any point of time and soon after coming to know about^theimpugned

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.08.2022, they filed this of the 2^’^ respondent dated 27 proceedings before this Court. writ petition did not approach the 2^^^ admits that, the petitioner 6. He further to an opportunity application to give respondent by filing an of the above said after coming to know in the enquiry soon participate dated 27.08.2022. proceedings

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, it is to be said facts and circumstances 7. In view of the above dated 27.08.2022 of the 2''‘' respondent noted that the proceedings in the enquiry. did not participate clearly infers that the petitioner for such non-participation, it is evident Whatever might be the reason ive the show cause notice sent by the did not receive that the petitioner to satisfy the Only in order ncerned through post. authorities co only enable the petitioner of natural justice, this Court can principles seeking with appropriate application the 2^^ respondent to approach to the show submitting the explanation of hearing by an opportunity irv for the 2-^ Enabling such enquiry cause notice dated 11.08.2022. of the 2nd respondent dated respondent, the impugned proceedings shall submit the explanation aside. The petitioner 27.08.2022 is set ,2022 along with the application to the show cause notice dated 11.08 in the 2nd respondent to participate before the seeking permission documents in respect of its all the necessary enquiry by enclosing date of receipt of this (02) weeks from the claim within a period of two

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order. On receipt of the same, the 2«d 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 shall be taken by the 2nd respondent on it’s own merits.

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Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

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As a sequel. Miscellaneous Petitions pending, if any,^shall stand closed.

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SD/- K.TATATAO deputy registrar

//true copy//

SECTION OFFICER

To,

The , Secretariat, Vellagapudi, Guntur State of Andhra Pradesh District. , Mines Department,

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The Director of Mines and Geology Krishna District. +

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IbrahimpatnamThe Deputy Director of Mines and Geoiogy, Srikakuiam D,strict. 4. The Assistant Director ofNARAYANA Mines and RAO Advocate [OPUC] 5. One CC to SRI. G. SAl geology, High Court of

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GP FOR MINES AND

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Two CCS to Andhra Pradesh. [OUT]

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Three C.D.Copies

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HIGH COURT DATED:21/03/2024

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ORDER

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WP.No.1080 Of 2023

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DISPOSING OF THE WP WITHOUT COSTS

M/s Eureka Granites v. The State of Andhra Pradesh

Case brief

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M/s Eureka Granites v. The State of Andhra Pradesh

Case brief

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What did the court decide?

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