M.Krishna Reddy vs. The State Of Andhra Pradesh

Court:High Court of Andhra Pradesh
Judge:Hon'ble B Krishna Mohan
Case Status:Unknown Status
Order Date:28 Apr 2022
CNR:APHC010062242022

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Order Issued After Hearing

Purpose:

Admission (Mines And Industries)

Before:

Hon'ble R Raghunandan Rao

Listed On:

28 Apr 2022

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) WEDNESDAY, THE TWENTY SEVENTH DAY OF APRIL, TWO THOUSAND AND TWENTY TWO :PRESENT: THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 4042 OF 2022

Between:

M.Krishna Reddy, S/o.Punna Reddy, Aged about 57 years, Plot No.183, Road No.11, Prashasan Nagar, Jubilee Hills, Hyderabad, T.S.

...Petitioner

AND

    1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Industries and Commerce (Mines and Geology) Dept., Secretariat, Velagapudi, Amaravathi, Guntur District.
    1. The Director of Mines and Geology, Government of Andhra Pradesh, 5<sup>th</sup> Floor, B-Block, Sri Anjaneya Towers, Ibrahimpatnam, Vijayawada, Krishna District.
    1. The Deputy Director of Mines and Geology, Srikakulam, Srikakulam District.
    1. The Assistant Director of Mines and Geology, Tekkali, Srikakulam District. ...Respondents

Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Mandamus, declaring the action of the $2<sup>nd</sup>$ respondent in seeking to enforce the provisions of G.O.Ms.No.65, Industries and Commerce (Mines.III) Department, dt.04.08.2021 against the petitioner and in raising a demand for payment of, Premium Amount, vide Letter No.1596/D1-2/2020, dt.17.12.2021, in respect of the Quarry/Mining Lease Application, dt.07.04.2014 in relation to Colour Granite (Srikakulam Blue Variety), over an extent of 10,000 Hectares in Sy.No.29 of Kondatemburu Village, Nandigam Mandal, Srikakulam District, as illegal, arbitrary, without jurisdiction, violative of the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 as also violative of Articles 14 and 19 (1)(g) and 265 of the Constitution of India and consequently set-aside the same and direct the respondents to process the Quarry/Mining Lease Application of the petitioner, dt.07.04.2014, without demanding for payment of, Premium Amount.

IA NO: 1 OF 2022

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to take steps for grant of Quarry/Mining Lease in favour of the third parties in respect of the area that is subject matter of the petitioner's Application, dt.07.04.2014 for Quarry/Mining Lease for Colour Granite (Srikakulam Blue Variety), over an extent of 10.000 Hectares in Sy.No.29 of Kondatemburu Village, Nandigam Mandal, Srikakulam District, pending disposal of WP.No.4042 of 2022, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the Order of the High Court dt; 16.02.2022 & 21.03.2022 and upon hearing the arguments of Sri P.Roy Reddy, Advocate for the Petitioner and GP for Mines & Geology for the Respondents, the Court made the following.

ORDER:

"In view of the challenge to G.O.Ms.65 pending before the Division Bench, it would be appropriate to await the decision of the Division Bench before these matters are taken up.

Post on 12.07.2022.

The respondents shall not take any coercive steps against the petitioner." Sd/- M. PADMALATHA

//TRUE COPY//

$For$

SECTION OFFICER

ASSISTANT REGISTRAR

To,

    1. One CC to Sri. P.Roy Reddy, Advocate [OPUC]
    1. Two CCs to GP for Mines & Geology, High Court of Andhra Pradesh.
    • $[OUT]$
    1. One spare copy.

$\mathsf{M}\mathsf{M}$

HIGH COURT

RRR J

DATED: 28/04/2022

NOTE: POST ON 12.07.2022

ORDER

WP.No.4042 of 2022

INTERIM DIRECTION

$\overline{r}$

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Case History of Orders

Order(5) - 28 Apr 2022

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Order(6) - 28 Apr 2022

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Order(4) - 21 Mar 2022

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Order(3) - 14 Mar 2022

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Order(1) - 16 Feb 2022

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Order(2) - 16 Feb 2022

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