The High Court of Telangana dismissed a writ petition challenging the non-grant of a transport permit, holding that the cause of action no longer survives as infructuous.
The writ petition was dismissed as infructuous without costs, and all miscellaneous petitions were closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3300 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
FRIDAY, THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO: 3185 OF 2013
Between:
M/s. Durga Stone Crushers, Rep. by its Managing Parnter, J. Muthaiah Goud, S/o. Ramulu, aged 65years, Occ: Business, No. 12-13-483i25/1 , Street no.14, nagarjuna Nagar, Tarnaka, Secunderabad.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or orders or direction more particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in notgranting TRANSPORT PERMIT to thepetitioner for transportation of Building Stone and Metal from thequarry leasedproperty of the government admeasuring 4.00 Hectares in sy.no. 758/1 and Ac. 3.15 gts in sy.no. 737 of Janakampet Village, Yedpally Mandal, Nizamabad Districtgranted in favour of the petitioner as arbitrary, illegal, contrary to law and also violation of Articles 19 (1) (g) and 21 ot the constitution of lndia and consequently direct the 2nd respondent to grant TRANSPORT PERMIT to thepetitioner for transportation of Building Stone and Metal from thequarry leasedproperty of the government admeasuring 4.00 Hectares in sy.no. 75811 and Ac. 3.15 gts in sy.no. 737 of Janakampet Village, Yedpally Mandal, Nizamabad District.
l.A. NO: 2 OF 2013(WPMP. NO: 3936 OF 2013)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of thepetition, the High Court may bepleased to direct the 2nd respondent to grant TRANSPORT PERMIT to thepetitioner for transportation of"Building Stone & Metal" from thequarry leasedproperty of the government admeasuring 4.00 Hectares in sy.no. 75811 & Ac. 3.1 5 gts in sy.no.
7.37 o't Janakampet Village, yedpally Arlandal, Nizamabad District granted tn favour of the petitioner, pending dispoial of the Writ petition.
l.A. NO:1 oF 2013(WVMP. NO: 1327 0F 20131
Between:
...PETITIONERS
AND
V/s.purgqStoneCrushe.rs,.Rep.. by its.Ivlanagingpartner, ,J. Muthaiah Goud, S/o. Ramutu, Street no.14, Nagirjuria Nagirjar;ati, Se"unoeiJoii.' --'
.,.RESPONDENTS
Petition under section 151 cpc praying that in the circrrmstances stated in the affidavit fited in support of the petition, ir," Hign court may n" pL".J t" vacate_ the-interim order passed on 04.o2.2o13 in w p.M.F.No isgolts in w.p No.3'185/13.
Counsel for the Petitioner: SRI M. RAJENDER REDDY
Counsel for the Respondents: Gp FOR MINES & GEOLOGY
The Court made the following: ORDER
,'f
HON'BLD SRI JUSTICE NAGESH BHEEMAPAKA
WRIT PETITION NO.3185 of 20L3
ORDER:
Learned counsel for the petitioner as well as learned Assistant Government pieader submitted that the cause in the writ petition does not survlve.
Hence, the writ petition is dismissed as infructuous. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this Writ petition, shall stand closed. /
SD/.B. SARASWATHI ASSISTANT REGISTRAR //rRUE coPY// sEcrloN JH't'*
to'1. on" cc to sRl M. RAJENDER neQo!,!!y99ate IOPUCI 2. Two CCsto Gp FoR-t/tiN;se6Eor_o'cy, nbh cburt foitne state of
Hish court rortheState , +;i3ry3li.t3Hlo*TNDUSTRTES & - oii"fangana at HYderabad. [OUT] '.MMERCE, 4. Two CD CoPies BN GJPd Y
HIGH COURT
DATED:1711112023
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ORDER
WP.No.3185 of 2013
DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS
19
$
M/s. Durga Stone Crushers
The State of Andhra Pradesh
Assistant Director of Mines & Geology, Nizamabad District
NAGESH BHEEMAPAKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
