Telangana High Court
WP/28290/2008 of M/s. Laksmi Mining Company, Rep. by its Vs The Government of India on 26 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28290 of 2008 Between: M/s. Laksmi Mining Company, Rep. by its Partner Smt.N.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENTY SIXTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE VILAS V. AFZULPURKARWRIT PETITION NO : 28290 of 2008
Between:
M/s. Laksmi Mining Company, Rep. by its Partner Smt.N. LathaW/o. N. Sudhaker Reddy, Flat NO. 204, Eiswarya Apartments, NehruNagar , Kurnool,. Kurnool District.
..... PETITIONER
AND
1 The Government of India Rep. by Secretary to the Government Ministry of Mines, New Delhi. Ministry of Mines, New Delhi.
2 The Government of Andhra PRadesh Rep. by Secretary to the Government Industries and Commerce Department, Secretariat, Hyderabad, A.P.3 The Director of Mines and Geology BRKR Bhavan, 8th Floor, TankBund Road, Hyderabad, A.P.
4 The Assistant Director of Mines and Geology Kurnool, Kurnool District, A.P.
5 The Principal Chief Conservator of Forests Department of Forests, Aranya Bhavan, Hyderabad 6 The Divisional Forest Officdr Kurnool, Kurnool District.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to to issue an order or writ more particularly in the nature of writ ofMandamus declaring the action of Respondents in not granting the mininglease in favour of the petitioner on his application dt. 17-3-2008 for miningover 1000 hectares in Compartment Nos. 188 and 189 of Mettupalli, R.F.Dhone Range , Kurnool Division, Kurnool District, A.P. as arbitrary illegal,unjust and violation of Mines and Minerals (Development & Regulation)Act 1957 Mineral Concession Rules 1960 and G.O.Ms.No. 181 Industries& Commerce dt. 28-5-1998 and pass Counsel for the Petitioner:MR.VENKAT REDDY DONTHI REDDY
Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY
The Court made the following :
THE HON'BLE MR JUSTICE VILAS V. AFZULPURKARWRIT PETITION NO. 28290 of 2008
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ORDER:
The petitioner has applied for mining lease under application dated17.3.2008 and it is acknowledged by Assistant Director of Mines andGeology, Kurnool. It is alleged that the entire survey and demarcationwork has already been completed and all other requirements forconsideration of the petitioner’s application have been fulfilled. A reportby Assistant Director of Mines and Geology, Kurnool is also said to havebeen submitted through the Zonal Joint Director, Mines and Geology,Kadapa to the Director of Mines and Geology and the said application issaid to be pending with the third respondent without passing any orders.
Learned counsel for the petitioner contends that the matter is fullycovered by the instructions of the Government issued underG.O.Ms.No.181, Industries & Commerce, dated 28.5.1998. The counselhas also placed the orders of this Court in similar writ petitions whereindirections were given to the Director of Mines and Geology to dispose ofthe applications of the petitioners therein expeditiously in accordance withlaw within a fixed time frame.
Having heard the learned Government Pleader for Mines andGeology, I deem it appropriate to dispose of the writ petition with similardirection.
The Director of Mines and Geology, third respondent herein is directed to consider and dispose of the application of the petitioner dated17.3.2008 with respect to the area applied for therein within a period oftwo months from the date of receipt of a copy of this order.
Accordingly, the Writ Petition is disposed of. No costs.
______________________
DECEMBER, 26, 2008 VILAS V. AFZULPURKAR, J.
Tsr.
Copy to:
1 The Secretary to the Government, Govt. of India, Ministry of Mines, New Delhi. Ministry of Mines, New Delhi.
2 The Secretary to the Government of A.P., Industries and Commerce Department, Secretariat, Hyderabad, A.P.
Conclusion
3 The Director of Mines and Geology BRKR Bhavan, 8th Floor, TankBund Road, Hyderabad, A.P.Bund Road, Hyderabad, A.P.
4 The Assistant Director of Mines and Geology Kurnool, KurnoolDistrict, A.P.
5 The Principal Chief Conservator of Forests Department of Forests,Aranya Bhavan, HyderabadAranya Bhavan, Hyderabad 6 The Divisional Forest Officdr Kurnool, Kurnool District.
7. The Government Pleader for Mines & Geology, High Court Buildings,High Court of A.P. (OUT)
8. Two C.D. copies.