K.Narayanappa, Vs The State of Andhra Pradesh

K.Narayanappa,. S/o,K. Nagappa Aged about 74 years, R/o.H.No.22194/A, Near Panchamukhi Anjaneya Swamy Temple Kavenpet Village, Adoni Mandal, Kumool District. Rep. by his^GPAholder Sri G.P. Pooma Chandar, S/o. late G.P.Sreeramulu, Aged about 53 years, R/o.PlotNo.63, Road No.4, Madhura Nagar Colony, Mansoorabad, Rangareddy District.

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...Petitioner

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AND

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The State of Andhra Pradesh, represented by its Principal Secretary, Industries and Commerce Department Secretariat Buildings Velagapudi, Guntur District.

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

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District Mines and Geology Officer, Kumool, Kumool^District

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Assistant Director of Mines and Geology, Governmentof

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AndhraPradesh, Kumool, Kumool 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

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pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not issuing dispatch permits on the ground that he has failed to produce EC is wholly illegal, violative of Articles 14 and 19 of the Constitution of India and also circular issued by the Ministry of Environment and Forest and consequently declare that the Petitioner is entitled for issuance of dispatch permits without submission of EC.

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lA NO: 1 OF 2024

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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 to issue dispatch permits to the Petitioner herein for the mining lease for quartz mineral for an extent of 4.874 hectares in Sy.No. 915/A/2 situated in Hattibelagal Village, Alur Mandal, Kumool District.

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Counsel for the Petitioner: SRI HEMANTH KUMAR VEMURI Counsel for the Respondent No.1: GP FOR INDUSTRIES COMMERCE Counsel for the Respondent Nos.2 to 4: GP FOR MINES AND GEOLOGY The Court made the following order:

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1

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APHC010182952024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3458]

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(Special Original Jurisdiction)

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TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 9896/2024

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Between:

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1.K.NARAYANAPPA,, S/0,K. NAGAPPA AGED ABOUT 74 YEARS, R/O.H.N0.22-194/A, NEAR PANCHAMUKHI ANJANEYA SWAMY TEMPLE, KAVENPET VILLAGE, ADONI MANUAL, KUMOOL DISTRICT. REP. BY HIS GPA HOLDER SRI G.P. POOMA CHANDAR, S/0. LATE G.P.SREERAMULU AGED ABOUT 53 YEARS, R/0.PL0TN0.63, ROAD N0.4, MADHURA NAGAR

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COLONY, MANSOORABAD, RANGAREDDY DISTRICT.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

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2.DIRECTOR OF MINES AND GEOLOGY, GOVERNMENT OF ANDHRA PRADESH, ANJANEYA TOWERS IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT.

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3.DISTRICT MINES AND GEOLOGY OFFICER, KUMOOL, KUMOOL DISTRICT

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4.ASSISTANT DIRECTOR OF MINES AND GEOLOGY, GOVERNMENTOF ANDHRAPRADESH, KUMOOL, KUMOOL DISTRICT.

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...RESPONDENT(S):

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2

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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 tomay be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not issuing dispatch permits on the ground that he has failed to produce EC is wholly illegal, violative of Articles 14 and 19 of the Constitution of India and also circular issued by the Ministry of Environment and Forest and consequently declare that the Petitioner is entitled for issuance of dispatch permits without submission of EC and pass

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the Respondents to issue dispatch permits to the Petitioner herein for the mining lease for quartz mineral for an extent of 4.874 hectares in Sy.No. 915/A/2 situated in Hattibelagal Village, Alur Mandal, Kumool District and pass

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Counsel for the Petitioner:

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1.HEMANTH KUMAR VEMURI

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Counsel for the Respondent(S):

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1.GP FOR INDUSTRIES COMMERCE

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The Court made the following:

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ORDER:-

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Heard Sri Hemanth Kumar Vemuri, learned counsel for the petitioner and the learned Government Pleader for Industries & Commerce, appearing for the respondents.

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Challenging the action of the respondents in not issuing dispatch permits for the quarry lease held by the petitioner^{overanextentof} 4.874 hectares in Sy.No.915/A/2 in Hattibelagal Village, Alur Mandal, Kurnool

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3

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District, on the ground that the petitioner has failed to produce Environmental Clearance (EC) from the Pollution Control Board (PCB).

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The learned counsel for the petitioner submits that^inviewofthe Office Memorandum dated 04.02.2013 issued by the Government of India, Ministry of Environment and Forests, which states that if the leased area is less than 5 hectares, there is no requirement to produce Environmental Clearance (EC) for mining of major minerals as per^{theEIANotification,2006} either from the State Government or the Central Government.

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In the said context, the learned counsel appearing for the respondents submits that the petitioner has to approach^{theauthoritiesand} make a representation in light of the circular of 2013.

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Having regard to the submissions made on behalf of^bothlearned counsel, liberty is granted to the petitioner to approach^{the2'"'^respondentby} way of a representation, seeking appropriate orders^{regardingthesubmission} of Environmental Clearance (EC) and Consent for Establishment^(CFO), in accordance with the governing guidelines issued by the Ministry of Environment and the authorized department. Upon filing of such an application, the 2 nd respondent is directed to pass appropriate orders in accordance with the circular/notification of the Government^ofIndiaonthe

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