Disposed

A.Vengaiah, Nellore Dist and Another v. Prl Secy, Industries and Commerce (M-I) Dept, Hyd and 3 Ot

Andhra Pradesh HC22 Sept 2024WP/11567/2015

Case brief

AI extract

What is this about?

The High Court closed a writ petition filed for issuance of dispatch permits for mica and feldspar. The Court accepted submissions that the petitioners' grievance was already redressed under an interim order dated 21.04.2015, rendering further orders unnecessary.

What did the court decide?

None. The writ petition was closed without any order as to costs as the grievance was redressed under the earlier interim order.

A.Vengaiah, Nellore Dist and Another Vs Prl Secy… — Property and Title | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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MONDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSANDAND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 11567 OF 2015

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Between:

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A.Vengaiah, S/o. Sundaraiah aged about 69 years, R/o.

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Veerannakanupr Village, Venkatachalam Mandal, SPSR Nellore District

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M/s. Narayana Mining Company rep., by its Proprietor, A.Vengaiah S/o. Sundaraiah, aged about 69 years, R/o. Veerannakanupr Village, Venkatachalam Mandal, SPSR Nellore District

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...PETITIONER(S)

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AND

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State of Andhra Pradesh, Industries & Commerce (M-l) Department, Secretariat, Hyderabad, Rep., by its Principal Secretary,

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The Director of Mines & Geology, BRKR Bhavan, Vlll floor. Tank Bund Road, Hyderabad.

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Assistant Director, Mines & Geology Department, SPSR Nellore District.

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The State Level Environment Impact Assessment Authority, A.P. Govt,, of India, Ministry of Environment & Forest, A-3, Industrial Estate, Sanathnagar, Hyderabad

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A. Badrinath S/o. Veeraji Rao, R/o. Veerannakanupur^Vg., Venkatacalam Mandal SPSR Nellore District,

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(R5 is impleaded as per C.O. dt. 7-10-15 in WPMP 23565^of2015)

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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 in the nature of a Writ of^{Mandamusoranyother} appropriate writ direction order or orders declaring^{therespondent} in not granting dispatch permits for the Minerals already^{minedandstoredonthe} surface as arbitrary, illegal and void and consequently^{directtherespondents} to grant dispatch permits to the 1st petitioner for^{300M.tonsofMicaMined} in Sy.No:41,42 and 43 Jogipalli Village of Sydapuram^{Mandalandtothe2nd} petitioner for 300 M. tons of Mica, 8000 M.tons of^{feldspar,600tons} of quartz and 80,000 M.tons of run of material mined in^{Sy.No:1,2,3/1,3/2of} Jogipalli Village, Sydapuram Mandal.

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LA. NO: 1 OF 2015(WPMP. NO: 15284 OF 2015)

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased direct the respondents to grant dispatch permits^{tothe1stpetitioner} for 300 M. tons of Mica Mined in Sy.No;41,42 and 43 Jogipalli Village of Sydapuram Mandal and to the 2nd petitioner for 300^{M.tonsofMica,8000} M.tons of feldspar, 600 tons of quartz and 80,000 M.tons^{ofrunofmaterial} mined in Sy.No;1,2, 3/1,3/2 of Jogipalli Village, Sydapuram^Mandal. WVMP.(SR) NO: 99146 OF 2015 :

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A Badrinath, S/o. Veeraji Rao, R/o. Veerannakanupur Village, Venkatachalam Mandal, SPSR Nellore District, Andhra Pradesh

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...Petitioner/Respondent No.5

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AND

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A.Vengaiah, S/o. Sundaraiah aged about 69 years R/o. Veerannakanupr Village, Venkatachalam Mandal, SPSR^{NelloreDistrict}

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M/s. Narayana Mining Company rep., by its Proprietor,^{A.VengaiahS/o.} Sundaraiah, aged about 69 years, R/o. Veerannakanupr Village, Venkatachalam Mandal, SPSR Nellore District

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...Writ Petitioners/Respondents

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State of Andhra Pradesh, Industries & Commerce (M-l)^Department, Secretariat, Hyderabad, Rep., by its Principal Secretary,

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The Director of Mines & Geology, BRKR Bhavan, VIII^{floor.TankBund} Road, Hyderabad.

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Assistant Director, Mines & Geology Department,^{SPSRNelloreDistrict.}

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The State Level Environment jmpact Assessment Authority,^A.P.Govt, of India, Ministry of Environment & Forest, A-3, Industrial^Estate, Sanathnagar, Hyderabad

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...Respondents/Respondents

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Counsel for the Petitioners: SRI M P CHANDRAMOULI

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Counsel for the Respondents 1 to 4: GP FOR MINES AND^GEOLOGY Counsel for the Respondent No.5: SRI SIVARAJU SRINIVAS The Court made the following: ORDER

APHC010689862015

SfflE

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3310]

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MONDAY JHE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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THE HONOURABLE DR JUSTICE K MANMADHA RAO

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WRIT PETITION NO: 11567/2015

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Between;

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A.vengaiah, Nellore Dist & Another and Others

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...PETITIONER(S)

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AND

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PrI Secy Industries Commerce Mi Dept Hyd 3 Ot and Others

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...RESPONDENT(S)

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Counsel for the Petitioner{S):

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1.M P CHANDRAMOULI

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Counsel for the Respondent{S);

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1.GP FOR MINES AND GEOLOGY (AP)

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2.S1VARAJU SRINIVAS

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3.HARINATH N (DEPUTY SOLICITOR GENERAL OF INDIA)

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The Court made the following;

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ORDER:

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This writ petition is filed under Article 226 of the^{ConstitutionofIndia} seeking the following relief:-

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“,.fo issue a writ in the nature of a Writ of Mandamus^orany other appropriate writ, direction, order or orders^declaringthe action of the respondents in not granting dispatch^permitsfor

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the Minerals already mined and stored on the surface as arbitrary, illegal and void and consequently direct the respondents to grant dispatch permits to the 7®^ petitioner^for 300 M tons of Mica Mined in Sy.Nos.41, 42 and 43 Jogipalli Village of Sydapuram Mandal and to the 2"^ petitioner^for300 M tons of Mica, 8000 M tons of feldspar, 600 tons of quartz and 80,000 M tons of run of material mined in Sy.Nos.^1, 2, 3/1, 3/2 of Jogipalli Village Sydapuram Mandal and pass....”

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None appears for the petitioners. Ms P.Sudeepthi, learned Assistant Government Pleader for Mines and Geology and Mr Sivaraju Srinivas, learned counsel appearing for the respondent are present.

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As observed from the proceedings sheet, this Court on 21.04.2015 has passed the follo\A/ing interim order:

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“It is submitted by the learned counsel for the petitioners^thatin identical set of circumstances, this Court in W.P.M.P.No.7198^of2015in W.P.No.5408 of 2015 granted interim order. A copy of^{thesaidnorderis} also placed on record along with the present writ petition.

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In view of the interim order granted by this Court,^asreferredto supra, this Court is inclined to pass same order In the present writ petition also. Hence, there shall be an interim direction to the 3^^ respondent to consider petitioners request for grant of discharge permits and pass appropriate orders expeditiously. However, the direction aforesaid is limited only to the granite already excavated from the mine and the petitioners shall not be permitted to work on the mine^aslongasthe environmental clearance is not issued in their favour”.

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On hearing, learned counsel appearing for Respondent^No.5and the learned Assistant Government Pleader for Mines and Geology appearing

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for Respondent Nos.1 to 3 submit that, in view of the^{interimorderofthis} Court, dated 21.04.2015, the grievance of the petitioners^was redressed. Hence, no further orders are required to be passed^{intheWritPetitionand} it may be closed.

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Recording the above submission, the Writ Petition is closed. There shall be no order as to costs.

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shall stand As a sequel, miscellaneous applications pending, if any,

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closed.

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SD/- SHAIK MOHD. RAFl assistant registrar

//TRUE COPY//

SECTION OFFICER

P CHANDRAMOULl Advocate [OPUC] 1. One CC to SRI M

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MINES AND GEOLOGY, High Court of Andhra 2. Two CCS to GPfor Pradesh. [OUT]

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, SIVARAJU SRINIVAS Advocate [OPUC] 3. One CC to SRI

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Three CD Copies

Madhu

HIGH COURT

DATED:23/09/2024

f i -♦ /• ? i

ORDER

WP.No.11567 of 2015

CLOSING THE WP WITHOUT COSTS

A.Vengaiah, Nellore Dist and Another v. Prl Secy, Industries and Commerce (M-I) Dept, Hyd and 3 Ot

Case brief

What is this about?

What did the court decide?

A.Vengaiah, Nellore Dist and Another v. Prl Secy, Industries and Commerce (M-I) Dept, Hyd and 3 Ot

Case brief

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What did the court decide?

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