This public interest writ petition challenged an order extending a quarrying sand lease in violation of Rule 9-L of the A.P. Minor Mineral Concession Rules, 1966. The High Court, relying on a prior judgment, quashed the impugned order extending the lease.
The order dated 27-02-2009 extending the lease is quashed. Writ petition allowed.
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THE HONOURABLE SRI JUSTICE GODA RAGHURAM
AND
THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN
W.P.No.6314 of 2009
09-02-2010
BETWEEN; Adepalli Prathap Raju
...Petitioner
vs.
The State of A.P. rep. by its Secretary, Industries and Commerce Department and others
...Respondents
THE HONOURABLE SRI JUSTICE GODA RAGHURAM
AND
THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN
W.P.No.6314 of 2009
ORAL ORDER: (Per GR,J)
This writ petition is filed in public interest challenging the proceedings of the 1st respondent-State dated 27-02-2009 extending the lease in favour of the 8th respondent for quarrying sand in respect of Reach No.2, at Madanagopalapuram Sand Reach, Rajampeta, Kadapa District till 09-032010. The challenge is on the ground that the impugned order is in violation of the Rule.9-L of the A.P. Minor Mineral Concession Rules, 1966 (for short “the 1966 Rules”).
By the order impugned, the 1st respondent acceded to the request of
the 8th respondent to treat the first year lease period as being from 10-032008 to 09-03-2009, as the second year lease period from 10-03-2009 to 0903-2010 though as per the statutory Rules referred to above the first year lease period having commenced from the date of execution and expired by the end of the financial year, the second year lease period would similarly commence, and end by 31.03.2010. The 1st respondent in purported exercise of its powers under Rule 9-K(3) of the 1966 Rules granted the impugned extension.
This Court in the judgment dated 25-01-2010 in W.P.No.7777 of 2009 and batch declared that the power under Rule 9-K(3) of the Rules of the State does not extend to granting extensions of lease in view of and contrary to the provision of Rule 9-L of the Rules.
Following the judgment and in view thereof, the impugned order cannot be sustained. The order of the 1st respondent dated 27.02.2009 is accordingly quashed.
The writ petition is accordingly allowed after hearing the learned counsel for the petitioner and the learned Government Pleader for Industries and Commerce for the respondent Nos.1 to 6 and the learned counsel for the 8th respondent. No order as to costs.
______________
GODA RAGHURAM,J
__________________
RAMESH RANGANATHAN,J
9th FEBRUARY 2010. TSNR
3 issues framed by the court
Whether the impugned order extending the lease for quarrying sand in violation of Rule 9-L is sustainable in view of the judgment in W.P.No.7777 of 2009
Whether the power under Rule 9-K(3) extends to granting extensions of lease contrary to Rule 9-L
Whether the impugned order dated 27-02-2009 should be quashed
2 provisions across 1 enactments
Adepalli Prathap Raju
The State of A.P. rep. by its Secretary, Industries and Commerce Department
8th Respondent
GODA RAGHURAM
RAMESH RANGANATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
