Andhra Pradesh High Court - Amravati
M/S Vasishta Mineral Corporation, vs Union Of India, on 7 November, 2024
1
APHC010438842017
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
THURSDAY ,THE SEVENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 11760/2017
Between:
M/s Vasishta Mineral Corporation, ...PETITIONER
AND
Union Of India and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. SRINIVASA RAO BODDULURI
Counsel for the Respondent(S):
1. GP FOR MINES AND GEOLOGY (AP)
2. HARINATH N (DEPUTY SOLICITOR GENERAL OF INDIA)
The Court made the following:
ORDER:
The Writ Petition is filed under Article 226 of the Constitution of India,
seeking the following relief:
".....declaring the action of the respondents in not granting mining lease of
Manganese Ore in respect of the applied area admeasuring 4.164 Hectors (1.29
Acres) in Sy.Nos.5/1 (4.84 Acres), Sy.No.5/2 (3.21 Acres) and in SY.No.6/1
(2.24 Acres) of R.Chintalavalasa Village of Ramabhadrapuram Mandal,
Vizianagaram District, in pursuance of the LOI dated 29.12.2005 issued by
Respondent No.2 by a misconceived and erroneous construction of the saving
clause provided under Sec 10A (2) © of MMDR Amendment Act as illegal,
arbitrary, ultravires and unconstitutional and resultantly direct the respondents to
immediately grant a mining lease of Manganese Ore for the Petitioner in the
applied area and pass such further orders as this Hon'ble Court deem fit, just
and proper in the circumstance of the case."
2. Heard learned counsel appearing for the petitioner, learned Assistant
Government Pleader for Mines and Geology, appearing for the respondents 2
to 4 and learned Deputy Solicitor General of India, appearing for the
respondents 1 and 5.
3. Learned counsel for the petitioners submits that the subject matter of
this Writ Petition is squarely covered by the Judgment dated 03.02.2020
passed by the Division Bench of this Court in W.A.No.82 of 2020, wherein the
Division Bench has dismissed the writ appeal stating that there is no letter of
intent and the argument advanced by the learned counsel for the appellant, is
of no substance and the finding given by this Court in W.P.No.6657 of 2018
warrants no interference.
4. Learned counsel appearing for the respondents, do not refute the said
submission.
5. Following the same, this Writ Petition is also dismissed in terms of the
Judgment passed by the Division Bench of this Court in W.A.No.82 of 2020,
dated 03.02.2020. There shall be no order as to costs.
6. Registry is directed to attach a copy of the Judgment in W.A.No.82 of
2020, dated 03.02.2020, to this Order.
7. As a sequel, miscellaneous applications pending, if any, shall stand
closed.
_________________________
DR. K. MANMADHA RAO, J.
Date: 07.11.2024
ARR
HON'BLE DR.JUSTICE K.MANMADHA RAO
Writ Petition No.11760 of 2017
Date: 07.11.2024
ARR
