Telangana High Court

WP/27713/2005 of M. jagannadha Rao, Vs The Joint Secretary, Salt Section, on 28 December 2005

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SRI JUSTICE V. ESWARAIAH WRIT PETITION No.27713 OF 2005 Dated: 28-12-2005 Between M. Jagannadha Rao, S/o. Late Venkata Rao, R/o. Anakapally, Visakhapatnam District. …PETITIONER AND The Joint Secretary, Salt Section, Ministry of Industries, Commerce & Promotion, Udyog Bhavan, New

THE HONOURABLE SRI JUSTICE V. ESWARAIAH

WRIT PETITION No.27713 OF 2005

Dated: 28-12-2005

Between

M. Jagannadha Rao, S/o. Late Venkata Rao,R/o. Anakapally, Visakhapatnam District.

AND

The Joint Secretary, Salt Section, Ministry ofIndustries, Commerce & Promotion, UdyogBhavan, New Delhi and others.

…PETITIONER

…RESPONDENTS

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ORDER:

Petitioner seeks a Writ of Mandamus to declare the order dated 13.11.2005 inC.No.R/11/P/96 of the Salt Commissioner, Jaipur as illegal and arbitrary.

Learned counsel for the petitioner submits that the petitioner is a lessee of the salt factoryland at Kalingapatnam, Srikakulam District, which is in an extent of Ac.217.85 cents from07.10.2000 and will last up 06.10.2005. Pursuant to the tender notification calling for theapplications for casurina plantation for a period of five years, three persons filed theirtenders and the petitioner being the highest bidder, the petitioner was awarded the lease andhe also entered into an agreement. The learned counsel further submits that as thepetitioner suffered heavy losses due to severe drought conditions for two years, he filed arepresentation dated 29.05.2004 for extension of the lease. The same was considered by the Superintendent of Salt, Naupada and recommended to the Deputy Salt Commissioner,Chennai, who without considering and disposing the said representation, passedproceedings dated 22.08.2005 intimating the petitioner to vacate and hand over the vacantpossession on 06.10.2005. The said proceedings have been challenged in WP.No.21425 of2005, which was disposed of by this Court stating that the representation filed by thepetitioner was considered by the fifth respondent by proceedings dated 29.07.2004 andaddressed a letter to the Deputy Salt Commissioner, Chennai, who was directed to takeappropriate decision on the recommendations of the fifth respondent and till then status quowas directed to be maintained. Pursuant to the directions of this Court in WP.No.21425 of2005 dated 05.10.2005, as the Deputy Salt Commissioner is not the competent authority hehas addressed a letter dated 31.10.2005 to the Salt Commissioner, competent authority, topass appropriate orders in the matter. The Salt Commissioner passed the impugned orderdated 13.11.2005 against which the petitioner filed an appeal before the Joint Secretary, SaltSection, Ministry of Industries, Commerce & Promotion, New Delhi, on 27.11.2005, whichis pending.

When an appeal is pending before the first respondent it is not just and proper for this Courtto express any opinion with regard to the validity or legality of the impugned order. However,without expressing any opinion, the writ petition is disposed of directing the first respondentto consider and dispose the appeal filed by the petitioner on 27.11.2005 as expeditiously aspossible within four weeks from the date of receipt of a copy of this order.

December 28, 2005Note: Furnish C.C. of the order in three days(B/O)DSK

______________

V. ESWARAIAH, J

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