This is an interim application wherein the petitioner sought permission to post the main writ petition for mention to seek clarification, as the impugned order required setting aside prior to fresh directions being passed.
IA allowed; matter posted 'For Being Mentioned' for clarification and to set aside impugned order dated 23.01.2023.
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.
[321s ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY, THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON'BLE SMT JUSTICE P. MADHAVI DEVI
t.A.NO.l 0F 2023
IN
WRIT PETITION NO: 31963 OF 2017
Between:
M/s Sai Ramana Metal lndustries, represented by its Managing Partner K- Damodar Reddy, Sic) late K. Chandra Reddy Aged about 60 years, Rio D.No.8-'13-69/6/1, Raghavendra Colony, Sivarampalli, Hyderabad.
...PETITIONER
AND
1 . State of Telangana, represented by its Principal Secretary lndustries & Commerce (Mines) Department, Secretariat Buildings Hyderabad. 2. Director of Mines & Geology,, State of Telangana, Hyderabad.
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 post the matter "For Being Mentioned" for the purpose of seeking clarification of order 231O112023 passed in WP No.3'1963 of 2017
This petition coming on for hearing, upon perusing the petition and affidavit filed in support thereof and upon reading the order dated 23.01.2023 in W.P.No-31963 of 2017 and upon hearing the arguments of Sri S. Chandra Mohan Reddy, Counsel for the petitioner and GP for Mines and Geology on behalf of Respondents, the Court made the following: ORDER
This I.A. is filed seeking permission to post the matter under the caption "for belng mentioned" for the purpose of seeking clarlfication of order dated 23.O1.2O23 passed in W.P.No.31963 of 2017.
Learned counsel for the petitioner submitted that though this Court has directed the respondents to conduct the survey and relocate the area which has been excavated by the labour contractor and re-quantify the metal extracted and also reconsider the issue of
lewy of penalty on the petitioner, but since the Court has not set aside the impugned order, the petitioner is facing difficulty in getting the relief.
Heard learned Government Pleader for Mines and Geology. Having gone through the material on record, this Court finds that the Writ Petition was disposed of with certain directions which have to be followed and order will have to be passed afresh.
Therefore, unless the earlier order which is impugned in this Writ Petition is set aside, fresh orders cannot be passed. The paragraph No.9 ofthe order is modified as under:
"Havingregard to the fact that the petitioner has admittedly allowed the labour contractor i.e., Sri V.Srimannarayana to excavate in his leased area and also outside the leased area using his plant and machinery, it cannot be said that he was not aware of extraction of material outside the quarry Iease area. However, as pointed out by the petitioner, the panchanama, on the basis of which, excess of the material quarried has been quantified, appears to be without any notice to the petitioner. The impugned order is therefore set aside." Accordingly, the I.A. is allowed.
SD/-I.NAGALAK9+IMI DEPUTY REGI9fRAR //TRUE COPY// C,/ SECTION OFFICER
MBC SB r+/rr
HIGH COURT
DATED: 0910312023
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l.A.NO.1 0F 2023 IN WRIT PETITION NO: 31963 OF 2017
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ALLOWING THE I.A.
1 issue framed by the court
Whether the High Court should grant permission to post a writ petition for mention to seek clarification of the order denying relief.
M/s Sai Ramana Metal Industries
State of Telangana
Director of Mines & Geology
Assistant Director of Mines & Geology
P. Madhavi Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
