Telangana High Court

WP/29102/2009 of M/S MANIKYAMBA SAND QUARRY LCC SOCIETY Vs The Government of Andhra Pradesh on 31 December 2009

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COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.29102 OF 2009 Between: M/s.Manikyamba Sand Quarry LCC Society, Pasuvullanka Village,

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)

THURSDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND NINE

PRESENT

THE HON'BLE SRI JUSTICE P.S. NARAYANA

WRIT PETITION No.29102 OF 2009

Between:

M/s.Manikyamba Sand Quarry LCC Society,Pasuvullanka Village, I.Polavaram Mandal,East Godavari District, represented by its President, N. Narayana Murthy, S/o.Talupulamma

..... PETITIONER

AND

The Government of Andhra Pradesh,Department of Mines and Geology,Represented by its Deputy Director, Kakinada,East Godavari District and another

....RESPONDENTS

The Court made the following:

THE HON’BLE SRI JUSTICE P.S. NARAYANA

WRIT PETITION No.29102 OF 2009

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ORDER:

The matter is coming up for admission.

2. Learned Assistant Government Pleader for Mines and Geologytakes notice on behalf of respondents.

3. This writ petition is filed for a writ of mandamus declaring action ofrespondent No.2 in interfering with petitioner’s right to conduct quarryoperations in respect of Reach No.11 at Jonnada Village, AlamuruMandal, East Godavari District, despite holding the lease till 31.03.2011as arbitrary, illegal and violative of principles of natural justice againstthe procedure contemplated under the Andhra Pradesh Minor MineralConcession Rules, 1966 and violative of the Fundamental Rightsguaranteed under Articles 14 and 19 of the Constitution of India andconsequently to direct the respondents not to interfere with petitioner’sright to conduct quarry operations and pass such other suitable orders.

4. Several facts had been narrated in the affidavit filed in support ofthe writ petition.

5. In the show-cause notice issued, it is stated that the explanationshould reach the Assistant Director of Mines and Geology,Rajahmundry within 15 days from the date of receipt of the notice,failing which further necessary action will be initiated as per rulestreating that they do not possess any explanation to offer.

6. In the light of the facts and circumstances, this Court is of theconsidered opinion that the writ petition be disposed of givingopportunity to the petitioner to file explanation forthwith and let therespondents consider the same in accordance with law, within a periodof two weeks and pass appropriate orders. Till then the petitioner bepermitted to carry on the operations.

7. Accordingly, the Writ Petition is disposed of. There shall be noorder as to costs.

___________________

P.S. NARAYANA, J

December 31, 2009Note: Issue wire at Party’s cost.B/O.MD

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