Allowed

Secy, Ministry of Mines, New Delhi v. N. Swadesa Rao, Hyd and 3 Ot

Telangana HC3 Aug 2022WA/1366/2016

Case brief

AI extract

What is this about?

The High Court set aside the single judge's order dismissing the writ appeal and the petition for suspension, holding the respondent should have been given an opportunity to file a counter-affidavit before granting the exemption order. The writ appeal was allowed.

What did the court decide?

Set aside the order of the learned Single Judge, revived W.P. No. 6980 of 2016, and remitted for decision on merit after opportunity for counter-affidavits.

Secy, Ministry of Mines, New Delhi… — Constitutional and Fundamental Rights | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

WEDNESDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY TWO

¶3

PRESENT

¶4

THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND

¶5

THE HONOURABLE MRS JUSTICE SUREPALLI NANDA

¶6

WRIT APPEAL NO: 1366 OF 2016

¶7

Writ Appeal under clause 15 of the Letters Patent preferred against the order dated 03.03.2016 passed in WP.No.6980 of 2016 on the file of the High Court.

¶8

Between:

¶9

Union of lndia, rep by its Secretary, It/inistry of lrlines, Government of lndia, Shastri Bhavan, New Delhi.

¶10

...APPELLANT/RESPONDENT No.1

¶11

AND

¶12

Mr.N. Swadesa Rao, S/o Venkatappaiah, R/o 501, Balaji Villa Apartments, A.S. Raju Nagar Kukatpally, Hyderabad

¶13

The State of Telangana, Represented by the Secretary to Government, lndustries and Commerce Department, Government of Telangana, 2nd Floor, B- Block, Room No. 348, Secretariat, Hyderabad.

¶14

The Director of Mines and Geology, Government of Telangana, Bth Floor, BRK Bhavan, Tank Bund.Road, Hyderabad.

¶15

The Director of Mines and Geology, Khammam District, Khammam.

¶16

...RESPONDENTS/WRIT PETITIONER/ RESPoNDENT No'2 to 4

¶17

t.A.No:2 oF 2016(wAMp. No: 2897 oF 2016)

¶18

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 suspend the operation of the Order dt. 03.03.2016 in WP.No. 6980/2C16 passed by this Hon'ble Court, pending disposal of the writ appeal.

¶19

Counsel for the Appellant : SRI.B.MUKHERJEE / ASST SOLtCITOR GENERAL OF tNDtA

¶20

Counsel for the Respondent No.1: SRI.M.A.K.MUKHEED

¶21

Counsel for the Respondent Nos.2 to 4 : SRI.MUJEEB KUMAR /

¶22

ADDL ADVOCATE GENERAL

¶23

The Court made the following Judgment

¶24

¶25

.TI IE TION'B E'I HI' CHIT'II ITIS'I'ICE L]I IAL I]I II]YAN

¶26

AND

¶27

,THI] I{ON'BLE MRS. II ]STICE ST-IREPAILI NANDA

¶28

W.A.N<r. 1366 of 2076

¶29

DGN,IENT (l'tr rltt l lon'hle lhe Chiel Jrctice Uljal Bltuyan)

¶30

F1eard Mr. B. Mulfierjee, Ieamed coun:;el representing

¶31

learned Assistant Solicitor General of India fo: the appellant; Mr. tr4AK.Mukheed, leamed counsel for respondent No.1 and Mr. Muieeb Kumar, leamed Special Govemment .?leader aftached ro the oifice oi the learned Advocate General :or respondents No.2, 3 and 4.

¶32

This writ appeal is directed against t.re final order dated 03.03.2016 passed by ttle leamed Single Judge allowing writ petition No.6980 of 20 l6f iled' by respondent No. 1.

¶33

The related writ petition was filed by respondent No.1 assailing the lener darcd 31.07.2015 of the lvfiristry of Mines, I Govemment of India (appellant) declining to accede to the I recommendations made by the Industries and C-ommerce \ Depanment, State of Telangana for prior :Lpproval under Section 5(1) of the Jvfines and ]vfinerals^{(Development and}

¶34

¶35

Reguiation) Act, 1957 (briefly^'the 1957 Act' hereinafter) for the purpose of availing exemption under Section 10(A)(2)(c) of the Mines and Minerals (Development and Regulations) Amendment Ordinance,2015.

¶36

Learned Single Judge was of the view that a similar issue was dealt with by a coordinate Bench in \7.P.No.18035 of 2015,^which was disposed of on 01.09.2015. Therefore, the leamed Single Judge allowed the writ petition by setting aside the letter dated 3L.07.2015 and directed the Govemment of India to pass appropriate order for granting prior approval under Section 5(1) of the L957 Act to the State of Telangana for granting mining iease to respondent^No.1.

¶37

.While allowing the writ petition in the above manner, leamed Single Judge took note of the fact that given the previous order of r'l the Coordinate Bench n"i th. admitted facts, there was^no k

¶38

necessity to invite a codrter-affidavit from the respondents

¶39

¶40

(appellant and respondents No.2 to 4 herein).

$t{ il

-t

1 I I I

Leamed counsel for the appellant submts that had an opportunity beerr granted to the appellant to file <:ounter-affidavit, it could have demonstrated before the leamed Single Judge that prior approval could nor be granred to the recomrnendation made by the State Govemmenr. FIe submits that there are a carena of decisions to supporr the above view.

¶47

This Coun byorderdated 05.10.2017,had a,lmitted the wrir appeal and had staled the order of the leamed Single Judge dated 03.03.2016 passed in [.P.No. 6980 of 2016.

¶48

\flithout going into the contentious issues, we are of the view that leamed Single Judge was not justified in allcwing the writ petition at the threshold without giving. an oppr>mrniry to rhe principal respondent- Union of India (appellant herein) to file co,nter-affidavit. On this shorr issue, we set aside the order of the leamed Single Judge darcd 03.03.2016 passed in \7.p.No.6980 of 20L6.

¶49

C-onsequent1yV.P.No.6980 of 2016 is revived.

¶50

¶51

W.P.No.6980 of 2016 shall now be^{placedbefore the Bench}

¶52

having the rosrcr for a decision on merit after^{givingan oPponunity}

¶53

to the contesting respondens to^file counter-affidavit.

¶54

C-onsequently, writ appeal is allowed. No^costs.

¶55

As a sequel, miscellaneous petitions, pending if^{any, stand}

¶56

dismissed.

¶57

SD/- K. SRIN AS RAO JOINT R ISTRAR

//TRUE COPY//

SECTION OFFICER

'1. The Secretary to Government, lndustries and Commerce Department, Government of Telangana, 2nd Floor,^{B- Block, RoomNo. 348, Secretariat,} State of Telangana at Hyderabad.

¶62