Two judges dismissed a writ appeal challenging the cancellation of quarry leases. The court held that the revisional authority's order was not perverse and was based on admitted facts regarding the non-obtainment of environmental clearance.
The Writ Appeal is dismissed without costs.
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.
[33e3 ]
f, il :1 :
I 1 il E HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
,i 'i
TUESDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE II.I AND THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI l,llt,l1w*', APPEAL No.446 oF zo23
WritAppeal,"o",".,jU-dagainsttheorderdated
o4.o1.2o23in writ Petilt$i No.46120 of2022on the file of the High court.
I1.,f,. Between: l[ ,l il i
M/s.lmperial Granites Private Limited, Rep. by its RegionalManager, Shailendra Saklani, S/o V.D. Saklani, age 57years No.l-1-902,Siddhartha Nagar, Kazipet, Hanamakonda District. Telangana State - 506004.
lj ']il ...APPELLANTMRIT PETITIONER rl r li ii,i
AND
...RESPONDENTS/RESPONDENTS
lA NO: 1 OF 2023
Petition under section151 CPC praying thatin the circumstances statedin the affidavit filed in support ofthe petition, the High courtmay be pleasedto suspend theproceedings of therespondents in ProC.No.QL/KRM/LO1500254, d1.16-05-2O22 ingrantingquarry lease in favourof an official respondent,pending disposal of the aboveWritAPPeal.
lA NO: 2 OF 2023
ii
Petition under S ction 151 CPC praying that in the circumstances stated in the affidavit filed in slrlldbort of the petition, the High Court may be pleased to suspend tne proceeOir!$' of th" Director of Mines and Geology in Determining the quarry lease D.Dis.'Arbc.ruo.8173/R1-3/2018, dt.25-08-2018 and orders of Revisionat Authority'iLJnfirming the order vide Memo.No.4466/M.l (2)t2O1B, dl.1 6-1 1 -2022, penOid$ $uis posal of the above Writ Appeal in the interests of Justice.
lA NO: 3 OF 2023 1i rl i
Petition under Se 3tion 151 CPC praying that in the circumstances stated in the affidavit fited in JJjport of the petition, the High Court may be pleased to permit the Petitioner td file Additional Material Papers in the above Writ Appeal, pending disposal of thUidoo ve Writ Appeal in the interests of Justice.
counset to. tt " rpp"fl$;,,r". N. sHoBA
Counsel for the Res ent Nos. 1 to 4: Ms. S. PREMALATHA REPRESENTING SRI KONDAPARTHI SRINIVAS, 'UIII GP FOR MINES AND GEOLOGY jtrf,
Counsel for the Res ent No.s: DT. VENKAT REDDY DONTHI REODY, SENIOR COUNSEL REPRESENTING SRI G. KRISHNAIAH Hrl
The Court made the following: JUDGMENT
iI i$:: I il
TTIE HON'BLE THE CHIEFJUSTICE ALOK ARADI{E AND THE HON'BLE SHRI JUSTICE ANIL KUMARJUKANTI
WRIT APPEAL No.4 46 of 2023
JUDGMENT: (pe r the Hon'ble thc ChielJustice Alok Aradhe)
Ms. N. Shoba, learned counsel appears for the appellant.
Dr. Venkat Reddy Donthi Reddy, learned Senior Counsel represents Mr. G. Krishnaiah, learned counsel for respondent No.5.
Mandal, Karimnagar District.
CJ & JAK,J w A.No.146 oi2023
2
5.TheAssistantDirectorofMinesandGeologyreported that theappellant is carrying out the quarryingoperations withoutobtainingenvironmental clearanceunder the provisions ofthe EnvironmentalProtection Act' 1986' Thereupon,a show causenoticedatedOT'07'2018was issued to the appellanton the followinggrounds:
6 The appellantsubmitted a rcply to the aforesaid show .,rcausenotlce Thereupon,the Director of Mines and Geology
/
CJ&JAK,J W A.No 146 o{ 2023
3
passed an order dated 25.08.2018 by which the leases of the appellant were cancelled inter alia on the ground that the appellant had not obtained the environmental clearance and attempted to transfer part of the quarry lease area on four occasions. The appellant thereupon filed a revision. The revisional authority by an order dated I6.11.2022 dismissed the revision preferred by the appellant. The appellant challenged the aforesaid orders passed by the Director of Mines and Geology as well as the revisional authority in Writ Petition No.46120 of 2022. The learned Single Judge by an order dated 04.01.2023 has dismissed the Writ Petition.
In the aforesaid factual background, this appeal arises
for our consideration.
order dated 16.11.2022 passed by the revisional authority is based on the grounds which are neither part ofthe show cause notice nor part of the order of determination of the lease. It is further submitted that the order passed by the revisional authority is cryptic and is non-speaking.
1.,
C.I & JAK-J W.A.No.+lbot 2023
4
8 We haveconsidered the submissionsmade on bothsides
and have Perusedthe record'
g. The revisionalauthority after recording the contentions' in para 8 oftheorder, has recorded the reasons for rejection of the revisionpreferred by the appellant'One ofthe grounds for rejectionof the revision is that the appellant has failed to obtain theenvironmentalclearance'The submissionthat the order ofdetermination of the leases is based on the grounds which werenot part of the show causenotice is equally rnisconceived.Admittedly,till the determinationof the lease' the appellantdid not obtainthe quarry lease' The learned Single Judgehas taken note of the aforesaidadmitted position and hasheld that the appellantadmittedly has not carried out the quarryingoperations since 2013 till now' The findingsof factrecordedbytheDirectorofMinesandGeology,the revisional authorityand the learnedSingle Judge whichare based on appreciationof the material availableon record cannot be said tobe Perverse.
7
CJ & JA(, J W.A No.446 ot 2023
5
\
ground to interfere with the order passed by the learned Single
Judge.
I l. In the result, the Writ Appeal fails and is hereby
dismissed.
Miscellaneous applications, if any pending, shall stand
closed. There shall be no order as to costs. ,J:I
To,
'! i,!li SD/.K.SAILESHI DEPUTY REGISTRAR Itii //TRUE COPYII sEcIoN d/rrcen iii i! ll il il
HIGH COURT
DATED:0210112024
/-r:=-.-:::-.-.
..-:,:.; -r,",,f,o).
"i ,<br>)a!
oo
*
i .,all
DESl,riiC
JUDGMENT
WA.No.446 of 2023
i i rl:l iti ,j I I ,l t$iIii ij iil ;l ll il il a l! ,i i{ i t(
DISMISSING THE WRIT APPEAL WITHOUT COSTS
M/s. Imperial Granites Private Limited, Rep. by its Regional Manager, Shailendra Saklani
The Chief Secretary, Government of Telangana
Alok Aradhe
Anil Kumar Jukanti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
