- v. -
Case brief
What is this about?
Second appeal filed by a defendant against orders granting mandatory injunction for quarry lease. The Single Judge held the civil court lacked inherent and territorial jurisdiction to adjudicate grant of quarry lease under the 1957 Act which forms a complete code, as remedies lie in revision or writ. Decree set aside.
What did the court decide?
Decree and judgment of the VI Additional District Judge confirming the trial Court decree dated 25.04.1998 set aside. Second appeal allowed. No order as to costs.
What the court decided
*HON’BLE SRI JUSTICE R.KANTHA RAO
+ Second Appeal No.95 of 2004
% Date: 24.02.2012
Between:
#Ferro Alloys Corporation Limited, Rep. By its GPA Holder, K.V.Raghavaraju
…Appellant
And
$Jana Suri Apparao and six others ..Respondents
! Counsel for appellant: Sri B.Adinarayana Rao
^ Counsel for respondents:Sri M.Sivananda Kumar
< GIST:
>HEAD NOTE:
Issues for consideration
3 issues framed by the court
Whether the Civil Court has jurisdiction to entertain a suit for grant of a quarry lease under the Mines & Minerals (Development & Regulation) Act, 1957 which forms a complete code?
Whether the suit for mandatory injunction directing authorities under the Mines & Minerals Act, 1957 and Mineral Concession Rules, 1960 is maintainable?
Whether the junior civil court at Rajahmundry lacked inherent jurisdiction to adjudicate a dispute regarding grant of quarry lease situate in West Godavari District?
Parties & counsel
- appellant
Ferro Alloys Corporation Limited , Rep. By its GPA Holder, K.V.Raghavaraju
- respondent
Jana Suri Apparao
Coram
R. KANTHA RAO
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · February
- Registered
- Case no.
- SA/95/2004
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