Partly allowed

P.Sridhar v. State of Telangana

Telangana HC25 Jan 2022WP/873/2022

Case brief

AI extract

What is this about?

This judgment disposes of Writ Petition No. 873 of 2022, challenging the failure to grant a quarry lease, and an originating application to supplement the record. The High Court permitted the filing of additional representations and proceedings.

What did the court decide?

Permission granted to file additional material papers; respondents directed to consider petitioner's representation and pass orders within 60 days.

P.Sridhar Vs State of Telangana — Telangana HC (2022) — LawSathi Research

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

(Special Original Jurisdiction)

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TUESDAY ,THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI

¶6

IA.NO:2 OF 20221N WRIT PETITION NO:873 OF 2022 AND

¶7

WRIT PETITION NO: 873 OF 2022

¶8

Between:

¶9

P.Sridhar, S/o P.Vengal Rao, Aged about 49 years, Proprietor, It//s Sridhar Enterprises, H.No.16-2-836/3/1/A, Flat No.301, PVR Samyukta Landmarkl,Madhavanagar, Saidabad Colony, Hyderabad-500059

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...PETITIONER

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AND

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1 State of Telangana, Rep. by its Principal Secretary, Department of lVlines and Geology, Secretariat, Hyderabad

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The Director of Mines and Geolog v ,^State of^Telangana, My Home Sarover Plaza, Flat No. 203 and 204, 2nd Floor, H.No. 5-922, Shapurwadi Adarshnagar, Sretariat Road, Hyderabad

¶14

The Deputy Director of l,4ines and Geology, Hunter Road,Near Vishnu Priya Gardens, Rama Rao Colony, Ram Reddy House, Hanamakonda

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The Assistant Director of N,4ines and Geology, Jangaon.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not considering the Petitioner's request for grant of quarry lease of an extent of 2.88 Hectares in Sy.No. 78/1 of Banjipet (VG), Raghunathapalli lvlandal, Jangaon District as illegal, arbitrary and further direct the Respondents to immediately to consider the application of the Petitioner and grant quarry lease for an extent of 2.88 Hectares in Sy.No. 7811 of Banjipet (VG), Raghunathapalli Mandal, Jangaon District to the Petitioner.

¶18

lA NO: 1 OF 2022

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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 direct the Respondents to consider the application of the Petitioner for grant of quarry lease for an extent of 2.88 Hectares in Sy.No. 7Bl1 of Banjipet (VG), Raghunathapalli Ir/andal, Jangaon District, pending disposal of the Writ Petition.

¶20

lA NO: 2 OF 2022

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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 permit the petitioner to file the representation dt.^'l 1 .0'1 .2022 and proceedings dt. 21 .05.2019 as additional material paper, in the interest of justice, pending disposal of the main appeal.

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Counsel for the Petitioner:SRl. M SRIKANTH

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Counsel for the Respondents: GP FOR MINES & GEOLOGY The Court made the following:

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THE HI )N,BLE sMT. JUSTICE P.MADHAVI DI,VI

¶25

I.A. No.2 of 2O22 in W.P. No.873 of 2022

And

W.P. No .473 of 2022

COMMON ORDI )R:

This writ )etition has been filed by the peritioner scekrng a writ of mandam rs declaring the action of the rcspondr:.nts in not considering the retitioner,s request for grant of quarry lcase of an extent of 2.88 Hectares in Sy.No.7g/ I of Banjiper village, Raghunathapalli Mandal, Jangaon district as illegal, arbitrErry and further direct tlre respondents to immediately to consicler the application of th( petitioner and grant quarry lease.

¶30

I.A. No.2 oi 2022 has been filed seeking permission to lile rhe representation dr ted 1 1.O1.2022 and proceeding dated 21 .OS.2}lg as additional mat :rial paper.

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.) For the rei sons stated in the affidavit, this applicarion IS ordercd

¶32

¶33

It is submit .ed by the learned counsel for the petitron€.r that by letter dated 29 04.2019, the petitioner was granted quarry. lease for Building Ston< and Road Metal over an extent of 2.gg Hectares in Sy.No.78/ 1 of I ianjipet villae, Raghunarhpally Mandal, Jangaon District for s pr lied of 20 years subject to submission of scrutinized quarr / pran in Form - w, EC and consent for

¶34

)

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Estabiishment^{from the competentauthoritiesas required under} Rules^{12(3) of TS MMC Rulcs' 1966'}

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It ls submittcd^{that pursuant thereto'thepetitioner had} submitted^{his application through online on 20'06'2019 to the} concerned^{authoritiesfor obtainingthe necessarypermissions'} However,^{due to Covid-19 pandemic and delay on the part of the} granting^{ne cessary permissions'the} concerned^officialsin petitioner^{couldnot submitthe same and now vide letterdated} 11 .O1 .2022^{thepetitionerhassubmittedthenecessary} representatton

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t) Having,^{regardto the facts and circumstances of the case' the} to whom^the 3',1 respondcnt respondcnts, ParticularlY arc directed to consider^the IS zrddressed, rcprcsentation dated^{1 1.O1.2O22and pass necessaryorders in} representation accordance^{with law, within a periodof sixty (60) days from the} date of^{receipt of a copyof this order'}

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lnthercsult,thiswritpetitionisaccordinglydisposedof No order^{as to costs'}

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Miscellaneousapplicatlons,ifanypending,shallstand

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closed.

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SD/^{. N. CHANDRASEKHAR RAO} ASSISTAN^{T REGI} R

//TRUE^COPY//

SECTION^OFFICER

To,

The Principal^{Secretary' Department of Mines andGeology' State of Telangana'}

¶46

,ff :'31il';,:,?";iil-"*r-li"?f iilJ?S,%1=;$',l,"ilioilJi.l'L,,, Plaza,^{Flat No 203and:} Sretariat^{Road'Hyderabi'fl"t} Geology'^{Hunter Road'Near VishnuPriya} 3. The Gardens,^{DePUtY Rama Director of Rao c"i""vln,, lr} 'no^{ntodi.House'Hanamakonda}

¶47

¶48

4 The Assistant Dir )ctor of Mines and Geology, Jangaon.

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5 One CC to Sri. M Srikanth, Advocate IOPUCI

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t) Two CCs to GP 1rr Mines & Geology, High Court for the State of Telangana_ louTl

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7 Two CD Copies.

¶52

s Ore. 1gze.^co11

i I

\ HIGH COURT

DATED:2510112022

ORDER

lA.No. 2 of 2022 in WP. '1o.873 ol 2022 And WP.No.873 of 202',

¶62

HE ST4
-')
a-. 01 Fr.r 2
'7?

¶63

Disposing of th I WP Without costs. @rf,ow

P.Sridhar v. State of Telangana

Case brief

What is this about?

What did the court decide?

P.Sridhar v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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