Disposed

P. Ramana, v. Prl.Secy., Industries and Commerce Dept., Hyd., and 3 Others

Andhra Pradesh HC24 Sept 2024WP/4416/2015

Case brief

AI extract

What is this about?

Writ petition by a road metal and building stone lessee seeking a mandamus against denial of dispatch permits. An interim order dated 04.03.2015 had already directed consideration of the permit request subject to no-blasting conditions. Counsel stated nothing further remained; the court closed the writ petition with no order as to costs.

What the court decided

AI extract

P. Ramana, Vs Prl.Secy., Industries and… — Mining and Natural Resources | 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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WEDNESDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND 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: 4416 OF 2015

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Between:

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P. Ramana, S/o. Veerabhadra Rao, Aged about 45 years, Occ, Business, Ramnagar, Pedapalli Road, Yellamanchili Mandal, Visakhapatnam^District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its PrI. Secretary,^{Industriesand}

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Commerce Department, Secretariat, Hyderabad.

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The Director of Mines and Geology, BRKR Building, 8th Floor, Tank Bund Road, Hyderabad.

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The Deputy Director of Mines and Geology, Visakhapatna m.

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The Assistant Director of Mines and Geology, Anakapalli,

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Visakhapatnam District.

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...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order, writ or direction more particularly in the nature of Writ of Mandamus declaring the action of the 4th respondent in not granting dispatch permits of Road Metal & Building Stone over an extent of 0.50hect. in Sy.No.247 of Yerravaram Village, Yellamanchili Mandal, Visakhapatnam District under A.P. Minor Mineral Concession Rules 1966, as being arbitrary, illegal, violative of the provisions of the Mines and Minerals (Development & Regulation) Act, 1957.

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I.A. NO: 1 OF 2015(WPMP. NO: 5861 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 to direct the 4 th respondent to issue dispatch permits for transportation of Road Metal & Building Stone over^{anextentofO.SOhect.} in Sy.No.247 of Yerravaram Village, Yellamanchili Mandal, Visakhapatnam District forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI K NAVEEN KUMAR Counsel for the Respondents No.1 to 4 : GP FOR MINES^&

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GEOLOGY (AP)

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The Court made the following; ORDER

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APHC010333922015

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

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(Special Original Jurisdiction)

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[3310]

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WEDNESDAY ,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND 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: 4416/2015

Between:

P. Ramana

...PETITIONER

AND

Prl Secy Industries Commerce Dept Hyd 3 Others and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.K NAVEEN KUMAR

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Counsel for the Respondent(S):

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1.GP FOR MINES AND GEOLOGY (AP)

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The Court made the following Order:

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This Writ Petition is filed, under Article 226 of the Constitution of India,

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seeking the following relief;

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" to issue an order writ or direction more particularlyⁱⁿ the nature of Writ of Mandamus declaring the action^{ofthe4'^} respondent in not granting dispatch permits of Road^Metal & Building Stone over an extent of 0.50 hect in Sy.No.247 of Yerravaram Village, Yellamanchili Mandal, Visakhapatnam District under A.P.Minor Mineral Concession Rules, 1966 as being arbitrary, illegal, violative of the provisions of the Mines and Minerals (Development & Regulation) Act, 1957....”

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This Court vide order dated 04.03.2015 has passed the following docket

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order:

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“Heard the learned counsel for the petitioner and the learned Government Pleader for Mines.

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The grievance of the petitioner is that though he was granted lease for extraction of road metal and building^stone over an extent of 0.50 hectares in Sy.No.247 of Yerravram Village, Yellamanchili Mandal, Visakhapatnam District, for a period of ten years from 11-01-2008 to 10-01-2018, he has been denied dispatch permits.

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Learned Government Pleader has received instructions from the 4th respondent, which state that basing on the complaint made by the people of pedapalli Colony, Yelamanchili Municipality, with regard to blasting of material and damaging of locality and that Indiramma Colony is only 490 Meters away from the quarry site, the District Collector, Visakhapatnam, initiated proceedings and the same was^also reiterated by the 4th respondent. Based on that, the petitioner was given a show-cause notice, dated 04-09-2014 by^the3rd respondent against the proposed action of cancellation^oflease.

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Aggrieved by the order, dated 04-09-2014, the petitioner has approached this Court in W.P.No.28091 of 2014,^wherein this Court by order, dated 19-09-2014, passed the following interim order-

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"Subject to the petitioner not using any Blasting material and also not carrying any blasting operation, his right to quarry the minor mineral 'road metal' by using conventional methods, may not be prevented, as it is asserted by the petitioner that the nearest habitation is at least a kilo meter away from the quarry site. Hence, the operation of the proceedings, dated 04-09-2014, is suspended."

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Learned counsel appearing for the petitioner states^that though the aforesaid order is complied with, dispatch permits are not being granted to the petitioner.

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Prime facie, if the petitioner complied with the aforesaid order, I see no reason as to why dispatch permits are^deniedto the petitioner. Hence, pending further orders, the 4th respondent shall consider the petitioner's request for grant of dispatch permits, subject to the condition that he would carry business operations in conformity with the order of^thisCourt extracted above.

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Post along with .WP.No.28091 of 2014.

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Meanwhile, counters if any.. ”

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Heard Mr.K.Naveen, learned counsel for the petitioner^and Mr.Abdul Rashid, learned Assistant Government Pleader for Mines and Geology appearing for the respondent Nos.2 to 4.

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On hearing, learned counsel for the petitioner submits that, in view of the interim order dated 04.03.2015, no further orders are required to be passed in this writ petition and hence, it may be closed.

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