Disposed
Smt Syed Khurshid Begum v. the Govt of A.P and 2 Others
Telangana HCWP/26308/2009
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND NINE
PRESENT:
THE HON'BLE SRI JUSTICE P.S. NARAYANA
WRIT PETITION No.26308 of 2009
Between:
Smt. Syed Khurshid Begum
..... PETITIONERS
AND
The Government of Andhra Pradesh, rep. by its Secretary, Industries and Commerce Department, Secretariat, Hyderabad and two others
..... RESPONDENTS
ORDER:
Heard the counsel.
2. The matter is coming up for admission.
3. This writ petition is filed praying for the relief of writ of mandamus, declaring the action of the respondents in Memo.No.316/M.III(1)/2009-2 dated 25-05-2009 in Sy.No.2229/1 & 2 of Polugaripally village, B. Mattam Mandal, Kadapa District canceling mining lease granted in favour of petitioner’s husband after his death on 24-04-2009 and in not considering the representations for transfer of mining lease in the name of petitioner (legal representative) and processing fresh applications and proceeding to grant mining lease to third parties over the area
as arbitrary, illegal, unjust and unconstitutional and contrary to Mines and Minerals (Development & Regulation) Act, 1957 and Mineral Concession Rules, 1960 and consequently direct the respondents to consider the representations of petitioner dated 2608-2009 and 19-09-2009 for transfer of mining lease and pass such other suitable orders.
4. Several facts had been narrated in the affidavit filed in support of the writ petition. The cancellation of the mining lease vide proceedings Memo No.316/M.III(1)/2009-2 dated 25-05-2009 also had been referred to. It is also stated that the petitioner made representations dated 26-08-2009 and 19-09-2009 and despite the repeated requests being made by the petitioner the first and third respondents are not considering and disposing of these representations. The remarks, which had been called for in this regard also had been referred to.
5. The main grievance of the petitioner is that despite the pendency of the representations without considering the representations the respondents are contemplating to consider the other applications for grant of mining lease in this regard.
6. In view of the facts and circumstances, this court is of the considered opinion that the writ petition be disposed of directing the first respondent to consider and dispose of the representations dated 26-08-2009 and 19-09-2009 of the petitioner, in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order and till then status-quo as on today to be maintained.
7. The writ petition is disposed of accordingly. No order as to costs.
P.S. NARAYANA, J
December 3, 2009. Note: Furnish CC in three (3) days. B/o.PN
THE HON'BLE SRI JUSTICE P.S. NARAYANA
WRIT PETITION No.26308 of 2009
December 3, 2009.
Note: Furnish CC in three (3) days. B/o.PN
Smt. Syed Khurshid Begum
The Government of Andhra Pradesh, rep. by its Secretary, Industries and Commerce Department
P.S. Narayana
As recorded by the court registry
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