Telangana High Court
WP/28519/2009 of VELLASARI JAYACHANDRA NELLORE DIST. Vs THE SECY. INDUS AND COMM DEPT. HYD. AND 2 OTHRS on 30 December 2009
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.28519 of 2009 Between: Vellasari Jayachandra ..... PETITIONER AND The Government of
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Conclusion
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
WEDNESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND NINE
PRESENT:
THE HON'BLE SRI JUSTICE P.S. NARAYANA
WRIT PETITION No.28519 of 2009
Between:
Vellasari Jayachandra
AND
..... PETITIONER
The Government of Andhra Pradesh, Department of Industries andCommerce (SPIU & SAND), Secretariat, Hyderabad rep. by itsSecretary and two others
..... RESPONDENTS
ORDER:
Heard the learned counsel on record.
2. The matter is coming up for admission.
3. The writ petition is filed praying for the relief of writ ofMandamus declaring the action of the third respondent in notexecuting the lease deed pursuant to the confirmation orders dated02-12-2009 passed by the second respondent granting right toquarrying ordinary sand in reach number 23 in Penna River withinthe village limits of Kalluru Raju Palem Village and KaluvoyMandal, SPSR Nellore District as illegal, arbitrary, unconstitutionaland violative of the procedure contemplated under the AndhraPradesh Minor Mineral Concession Rules, 1966 and consequently direct the respondents to execute the registered lease deed infavour of the petitioner granting the right of quarrying for OrdinarySand in reach number 23 in Penna River within the village limits ofKalluru Rajupalem village and Kaluvoy Mandal, SPSR NelloreDistrict and pass such other suitable orders.
4. Several facts had been narrated in the affidavit filed insupport of the Writ Petition.
5. It is stated that a similar Writ Petition praying for the similarrelief was disposed of by this court in W.P.No.27589 of 2009 dated17-12-2009. It is also stated that the Deputy Director issuedground water report on 13-11-2009.
6. In the light of the facts and circumstances, this court is ofthe considered opinion that the writ petitioner is entitled to therelief prayed for in the Writ Petition.
7. Accordingly, the Writ Petition is disposed of granting therelief prayed for in the Writ Petition. No order as to costs.
December 30, 2009.Note: Furnish C.C. bytomorrow. B/o.PN
___________________
P.S. NARAYANA, J
THE HON'BLE SRI JUSTICE P.S. NARAYANA
WRIT PETITION No.28519 of 2009
Note: Furnish C.C. bytomorrow. B/o.PN
December 30, 2009.