Andhra Pradesh High Court - Amravati
M. Jagan Mohan Reddy vs The State Of Andhra Pradesh And Others on 5 July, 2024
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI^^GH ^
FRIDAY. THE FIFTH DAY OF JULY
Hfi
TWO THOUSAND AND TWENTY FOUR
PRESENT -V.
HONOURABLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTIC#
AND
HONOURABLE MR. JUSTICE NINALA JAYASURYA
WRIT APPEAL NO: 584 OF 2024
Writ Appeal under clause 15 of the Letters Patent to against the order
dated 10.05.2024 passed in I.A.No.1 of 2024 in WP.No.1628 of 2021 On the
file of this Honble Court.
Between:
M. Jagan Mohan Reddy, S/o.Obul Reddy, Aged about 54 years, Occ:
Business, R/o.Tatimakulapally Village, Tallapally Post, Vempally Mandal,
YSR Kadapa District.
...APPELLANT
AND
1. The State of Andhra Pradesh, Rep By its Secretary, Department of
Industries and Commerce (Mines-I) Secretariat, Velagapudi,
Amaravathi, GunturDistrict.
2. The Director of Mines and Geology, Sri Anjaneya Towers, D.No.7-
104,B- Block, 5'^ and 6'^ Floors Ibrahimpatnam, Vijayawada, A.P.
3. The Assistant Director of Mines and Geology, Yerraguntia, Kadapa
District.
4. The District Collector, YSRKadapa District.
5. Md.Niyamathulla, S/o.Not known to the petitioner
R/o.Kagitalapenta,YSR Kadapa District.
...RESPONDENTS
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petitPon, the High Court may be
pleased to suspend the interim order dated: 10-05-2024 in I.A.No.l of 2024
in WP.No. 1628 of 2021 partially to the extent of permitting the Respondent
No.5 to operate mining in land bearing Sy.No.224 and 214/B of Tallapally
Village, Vempally Mandal, YSR Kadapa District, A.P. area admeasuring
6.400 hectares pending disposal of the writ appeal.
Counsel for the Appellant: SRI VIJAY ASHRIT
Counsel for the Respondent Nos.1 to 4: GP FOR MINES AND GEOLOGY
Counsel for the Respondent No.5: SRI V.R.REDDY KOWURI
The Court made the following: JUDGMENT
V
;:s.
Bench Sr.Np:-4
APHC010258962024
IN THE HIGH COURT OF ANDHRA PRADESH [3443]
AT AMARAVATl
0-^0
0 WRIT APPEAL No.584 of 2024
M.Jagan Mohan Reddy ...Appellant
Vs.
The State of Andhra Pradesh and others ...Respondent(s)
**********
Mr. Vijay Ashrit, Advocate for the Appellant.
Mr. D. Vigneshwar Reddy representing Mr. V. R. Reddy Kovvuri, Advocate for
Respondent No.5.
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR
SRI JUSTICE NINALA JAYASURYA
DATE : 5*'' July, 2024
PC :
The present writ appeal has been preferred against an order, dated
10.05.2024 passed in WP.No.1628 of 2021.
2. By virtue of the said order, the learned single Judge had
extended the interim suspension order, dated 01.02.2021. Apart from this, the
learned single Judge had observed that this Court had not suspended the
lease granted in favour of respondent No.5 and that the lease granted earlier
was being extended by the Department of Mines and Geology and that it was
\ast extended on 26.03.2021 upto 2031 and, therefore, respondent No.5
would be at liberty to proceed with the mining.
HCJ & NJS,J
WA_584_2024
Learned counsel for the appellant states that in fact, according
to
3.
the information obtained through the RTl, there was no lease granted in favour
of Tailapally
of any person in
in regard to property situate in Sy.Nos.224 & 214/B
Village, Vempally Mandal, YSR Kadapa District.
It is stated that even when the learned single Judge had, by virtue of
order, dated 21.09.2023, directed the Government Pleader for the Mines and
deeds said to have been executed
Geology Department to produce the'lease
in favour of respondent No.5, the said lease deeds had not been so produced
in those circumstances, the learned
for perusal by the Court and, therefore, in
order which would have the effect
single Judge ought not to have passed an
of granting a lease in favour of private respondent No.5.
It was also urged that the observations of the learned single Judge had
in fact severely prejudiced the case of the petitioner (appellant herein)
inasmuch as while on one hand the learned single Judge had stayed the
operation of the impugned passed by the Mines and Geology
Department to the extent it had rejected the application of the petitioner for
grant of mining license, on the other :,hand, he had permitted respondent No.5,
without there being any lease deed in fact executed in favour of respondent
No.5, to continue mining operations till 2031.
4. At this stage, we have seen that the order impugned has been
iearned single
\ passed in IA.No.1 of 2024 which Lis . still pending before the
t'-'
3
HCJ & NJS,J
WA_584_2024
Judge end has not been finally disposed of. The order was passed before
summer vacation and the matter was directed to be listed after the Rummer
Vacation, which period has been over.
5. In our opinion, the appellant herein can always seek
clarification/modification/vacation of the order, dated 10.05.2024, in the light of
the fact that the official respondents were required to produce the lease deeds
said to have been executed in favour of respondent No.5 for perusal by the
Court. In case the lease deeds are,non-existent in favour of respondent No.5
the learned single Judge could always modify/vacate the interim order passed.
In opr view, at this stage, we cannot persuade ourselves to interfere with the
orders so passed.
6. We dispose of this appeal, with liberty to the appellant to approach
the learned single Judge for appropriate directions. No order as to costs.
Miscellaneous applications pending, if any, shall stand closed.
Registry is directed to list WP.No.1628 of 2021 before the learned
single Judge, on 12.07.2024.
i
i: SDI- K. TATA RAO
//TRUE COPY// DEPUTY REGISTRAR
To
/Action OFFICER
1. The Secretary, Department of Industries and Commerce (Mines-!),
State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi,
GunturDistrict.
2. The Director of Minas and Geology, Sri Anjaneya Towers, D.No.7-104,
B- Block, 5^*^ and 6^^ Floors Ibrahimpatnam, Vijayawada, A.P.
3. The Assistant Director of Mines and Geology, Yerraguntia, Kadapa
District.
4. The District Coilector. YSRKadapa District.
5. The Section Officer, Non-Service Section Writ Wing, High Court of
Andhra Pradesh
6. One CC to Sri Vijay Ashrit, Advocate [OPUC]
7. One CC to Sri V.R Reddy Kovvuri, Advocate[OPUC]
8. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh.
[OUT]
9. Three CD Copies.
ssb
HIGH COURT
DATED:05/07/2024
JUDGMENT
DISPOSING OF THE W.A. WITHOUT COSTS
