Disposed

Alluri Subba Raju and Company, rep.by its Managing v. The District Collector, East Godavari at Kakinada

Telangana HC18 Nov 2008WP/21510/2008

Case brief

AI extract

What is this about?

In a writ petition, the High Court directed respondents to issue transit passes to the petitioner, a mineral dealer, until the expiry of the period for which his license was previously granted by the Director of Mines and Geology, after setting aside the cancellation order in his favor.

What did the court decide?

Directed respondents to issue transit passes to the petitioner till the expiry of the licence period granted earlier by the Director.

Alluri Subba Raju and Company, rep.by its Managing… — Service and Employment | Telangana HC (2008)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT

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THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 21510 of 2008

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Between:

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Alluri Subba Raju & Company, rep.by its Managing partner Sri A.Ashok, S/o.Subba Raju No.8-22-215/5, Datla Street, Gandhinagar Kakinada, East Godavari District

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..... PETITIONER

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AND

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1 The District Collector, East Godavari at Kakinada

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2 The Director of Mines & Geology, 8th floor, BRKR Buildings Tank Bund,Hyderabad

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3 The Deputy Director of Mines and Geology, Kakinada East Godavari District

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4 The Assistant Director of Mines & Geology, Rajahmundry East Godavari District

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5 The Tahsildar, Ravulapalem Mandal East Godavari District

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.....RESPONDENT(S)

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Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an order or writ one in the nature of writ of mandamus declaring the action of the Asst.Director of Mines and Geology the 4th respondent herein in not issuing Transit passes under APMineral Dealers Rules, 2000 pursuant to registration of licence granted under From D vide Regn.No.05/3828/MDRC-240/RJY/2008 dated 13.8.2008 for transporting sand from the place of business specified under the licence as arbitrary, illegal,unjust contrary to AP Mineral Development Rules,2000 apart from violation of principles of natural justice and pass

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Counsel for the Petitioner:SMT.N.SHOBA

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Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY

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The Court made the following :

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THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.21510 OF 2008

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ORDER:

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Aggrieved by the order of the Assistant Director of Mines canceling the license granted in the petitioner’s favour, which enabled him to purchase sand from the lessees, who held a valid permit, the petitioner preferred an appeal to the Director of Mines and Geology. The said order was set aside. It is not in dispute that, consequent upon the order being set aside in appeal by the Director, the petitioner has a valid license till the end of November, 2008.

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Learned Government Pleader for Industries and Commerce would submit that the respondents would continue to issue transit passes in the petitioner’s favour till the end of the

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period for which licence was granted earlier by the Director of Mines and Geology. While Smt.N.Shoba, Learned Counsel for the petitioner, would submit that the petitioner could seek extension of lease by approaching the Director, it is not for this Court to presume as to what order the Director would pass. Suffice to hold that the respondents shall issue transit passes to the petitioner till expiry of the period for which license was granted earlier by the Director of Mines and Geology under the A.P. Mineral Dealers Rules. The writ petition is disposed of accordingly. No order as to costs.

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_____________ 18-11-2008 asp

Alluri Subba Raju and Company, rep.by its Managing v. The District Collector, East Godavari at Kakinada

Case brief

What is this about?

What did the court decide?

Alluri Subba Raju and Company, rep.by its Managing v. The District Collector, East Godavari at Kakinada

Case brief

What is this about?

What did the court decide?

What the court decided

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