Allowed

Kishore Granites Pvt. Ltd. v. The State of Andhra Pradesh

Andhra Pradesh HC21 Jul 2024WP/476/2023

Case brief

AI extract

What is this about?

Writ petition challenging rejection of a colour granite quarry lease application. Following an identical earlier order of the same Court, the petition was allowed: the impugned proceedings were set aside and the application remanded for fresh consideration with hearing within three months.

What did the court decide?

Impugned proceedings No.4146/D9/2022 quashed; quarry lease application remanded for fresh consideration with opportunity of hearing and reasoned order within three months.

Kishore Granites Pvt. Ltd. Vs The State… — 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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MONDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 476 OF 2023

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Between:

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Kishore Granites Pvt. Ltd., G.T.Road, Ganapavaram Village, Nadendia Mandal, Palnadu District, Rep. by its Managing Director^G.RaviKumar. ...PETITIONER

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AND

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The State of Andhra Pradesh, Represented by its Principal Secretary/Spl. Chief Secretary, Industries and Commerce (Mines and Geology) Department, A.P. Secretariat, Velagapudi,^{Amaravati,Guntur} District.

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The Director of Mines and Geology, Government of Andhra^Pradesh, Sri Anjaneya Towers, Ibrahimpatnam, Vijayawada, Krishna^District.

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The Deputy Director of Mines and Geology, Ongole, Prakasam^District. 4. The Assistant Director of Mines and Geology, Ongole,^Prakasam District

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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 Certiorari, calling for the records connected^{toandinrelationwith} nd the Proceedings No.4146/D9/2022, dt.22.07.2022, issued by the 2 Respondent and quash the same and consequently direct the respondents to consider the Quarry Lease Application, dt.14.12.2018 of the petitioner and to grant quarry lease for Colour Granite, over an extent of 1.000

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Hectares in Sy.No.103 (USH) of Konidena Village, Ballikurava Mandal, Prakasam District.

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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 stay the operation of the Proceedings NO.4146/D9/2022, dt.22.07.2022, issued by the 2^^^^ Respondent, pending disposal of the writ petition.

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lA NO: 2 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 petition, the High Court may be pleased to direct the respondents not to allot the quarry lease to any third parties, relating to the area applied for by the petitioner vide Application dt.14.12.2018 i.e., an extent of 1.000 Hectares in Sy.No.103 (USH) of Konidena Village, Ballikurava Mandal, Prakasam District, pending disposal of the writ petition.

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Counsel for the Petitioner: SRI P. ROY REDDY

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Counsel for the Respondent Nos.1 to 4: GP FOR MINES^ANDGEOLOGY The Court made the following: ORDER

<»s«

APHC010008152023

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

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[3310]

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MONDAY ,THE TWENTY SECOND DAY OF JULY 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: 476/2023

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Between:

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Kishore Granites Pvt Ltd

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...PETITIONER

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AND

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

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Counsel for the Petitioner:

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1.P ROY REDDY

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Counsel for the Respondent(S):

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1.GP FOR MINES AND GEOLOGY The Court made the following:

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ORDER:

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

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seeking the following relief:

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“ pleased to issue a Writ, Order or direction, more particularly one in the nature of Certiorari, calling for the records connected^{toandinrelation} with the Proceedings No.4146/D9/2022, dt.22.07.2022, issued by the 2nd Respondent and quash the same and consequently direct the respondents to consider the Quarry Lease Application, dt. 14.12.2018 of the petitioner and to grant quarry lease for Colour Granite, over an extent^{of1.000Hectares} In Sy.No.103 (USH) of Konidena Village, Ballikurava Mandal,^{PrakasamDistrict} and pass such other order or orders ”

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

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Learned counsel for petitioner submits that the subject^matter of this Writ Petition is squarely covered by the order dated 15.07.2024 passed by this Court in W.P.No.40231 of 2022, wherein this Court has set aside the impugned proceedings and remanded back the matter to the 2"^^ respondent for fresh consideration.

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Learned Government Pleader does not refute the said submission.

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Following the same, this Writ Petition is also allowed in terms of the order passed in W.P.No.40231 of 2022, dated 15.07.2024 by setting aside the impugned proceedings No.4146/D9/2022, dated 22.07.2022, issued by the 2 nd respondent and the matter is remanded back to the respondent^{tore-consider} the application of the petitioner dated 14.12.2018 after following the due procedure, by duly giving an opportunity of hearing to the petitioner and pass a reasoned order, in accordance with law, within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs.

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

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SD/- SHAIK MOHD. RAFl //TRUE COPY// assistant^registrar section officer

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To,

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The Principal Secretary/Spl.Chief Secretary, Industries and Commerce (Mines and Geology) Department, State of Andhra Pradesh,^A.P. Secretariat, Velagapudi, Amaravati, Guntur District.

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The Director of Mines and Geology, Government of Andhra Pradesh, Sri Anjaneya Towers, Ibrahimpatnam, Vijayawada, Krishna District.

¶53

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The Deputy Director of Mines and Geology, Ongole, Prakasam District. 4. The Assistant Director of Mines and Geology, Ongole,^Prakasam District

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One CC to Sri P. Roy Reddy, Advocate [OPUC]

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Two CCs to GP for Mines and Geology, High Court of^{AndhraPradesh.} [OUT]

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Three CD Copies.

ssb

HIGH COURT

DATED:22/07/2024

ORDER

WP.No.476 of 2023

ALLOWING OF THE W.P. WITHOUT COSTS

Kishore Granites Pvt. Ltd. v. The State of Andhra Pradesh

Case brief

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What did the court decide?

Kishore Granites Pvt. Ltd. v. The State of Andhra Pradesh

Case brief

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What did the court decide?

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