Andhra Pradesh High Court - Amravati
Siddala Ravi Babu, S/O Late Krishnaiah vs The State Of Andhra Pradesh on 23 September, 2024
1
APHC010675382015
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3310]
(Special Original Jurisdiction)
MONDAY ,THE TWENTY THIRD DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE K MANMADHA RAO
WRIT PETITION NO: 8002/2015
Between:
Siddala Ravi Babu, S/o Late Krishnaiah ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. V JAGAPATHI
Counsel for the Respondent(S):
1. GP FOR MINES AND GEOLOGY (AP)
The Court made the following:
ORDER:
The Writ Petition is filed under Article 226 of the Constitution of India,
seeking the following relief:
"to issue a Writ, Order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the 3rd
Respondent herein in not issuing dispatch permits to the Petitioner for
carrying out mining operations in the leased area over an extent of
15.336 hectors in Sy.No.153/1 situated in Karakambadi Village,
Renigunta Mandal, Chittoor District as arbitrary, discriminatory, illegal
and contrary to the judgment, dt 20.03.2014 in W.P.No.17290 of 2009
and consequently direct the 3rd Respondent to issue dispatch permits
to the Petitioner for transportation of the quartzite from the leased area
in Sy.No.153/1 without insisting for instructions or pendency of Appeal
No.14424 before the 2nd Respondent and with all other consequential
benefits monetary or otherwise."
2. The case of the petitioner in brief is that the land admeasuring an
extent of Acs.44.95 cents in RS.No.153/1 situated in Karakambadi Village
accounts, Renigunta Mandal was the ancestral property of the petitioner and
the family members of the petitioner are in possession and enjoyment of the
said landed property as on date. While so, at the instance of the then
Tahsildar Enigunta Mandal, Chittoor District, Sri K.Venkata Ramana, the
forest officials have started interfering with the possession and enjoyment in
respect of the said lands in Sy.No.153/1. Aggrieved by the same,
O.S.No.1316 of 2003 was filed before the Principal Junior Civil Judge, Tirupati
seeking declaration and injunction against the District Collector, Tahsildar and
the DFO concerned and the learned Judge by order, dated 05.07.2004
granted temporary injunction in their favour and the same was confirmed by
the IV Additional District Judge, Tirupati in CMA.No.35 of 2004. Since the
subject land was unfit for cultivation, the petitioner applied to the Government
for grant of mining lease for extracting quantize mineral in the subject land.
The Government has issued orders in G.O.Ms.No.184,
dated 28.08.2004 granting mining lease in favor of the petitioner for a period
of 20 years for extraction of quartize over an extent of 45.336 hectors in the
patta lands in Sy.No.153/1. The Assistant Director has not executed lease in
favour of the petitioner on the sole ground that O.S.No.1316 of 2003 is
pending in respect of the said lands. In the meanwhile, as the time for
execution of the lease deed in pursuance of the GO has elapsed, the
petitioners has filed W.P.No.25579 of 2007 before this Court and this Court by
order, dated 26.02.2008 extended the time upto 30.06.2008 for execution of
the lease deed in favour of the petitioner. Accordingly, 3rd respondent has
executed mining lease deed in favour of the petitioner on 24.06.2008 for a
period of 20 years i.e., 24.06.2008 to 23.06.2028. While so, the Tahsildar,
Renigunta Mandal, with an intention to circumvent the injunction order granted
in favour of the petitioner submitted a false report, dated 15.12.2008
requesting the District Collector, Chittoor to instruct the 3rd respondent to stop
mining operations in the said lands in Sy.No.153/1 and to cancel the mining
lease granted in favour in respect of the said lands. In pursuance of the said
letter, Respondent No3 has stopped issuing dispatch permits to the petitioner.
In those circumstances, the petitioner filed W.P.No.17290 of 2009,
seeking to set aside the letter, dated 10.06.2009 of the District Collector. This
Court while admitting the Writ Petition granted interim suspension of the said
letter, dated 10.06.2009. Thereafter, the Writ Petition was disposed of with a
direction that as long as the lease is subsisting, the petitioner is entitled to
continue mining operations in the land and those operations cannot be
stopped unless the lease is cancelled in accordance with law. On the basis of
the report of the Regional Vigilance and Enforcement Officer, Tirupathi,
Respondent No.3 has issued a notice, dated 20.03.2010 calling upon the
petitioner to show cause as to why action should not be taken and the
petitioner has submitted his explanation to the same.
Long thereafter, the 3rd respondent has issued a demand notice in the
month of July, 2019 calling upon the petitioner to pay Normal Seigniorage fee
and ten times penalty amounting to Rs.8,37,40,800/-. Hence, the petitioner
approached this Court by way of filing W.P.No.19068 of 2010 and the said
Writ Petition was dismissed giving liberty to the petitioner to avail alternative
remedy of appeal.
In pursuance of the said order, the petitioner has filed appeal dated
25.04.2014 before the Director of Mines and Geology/2nd respondent herein
seeking to set aside the demand notice and it is still pending. Aggrieved by the
action of the 3rd respondent in refusing to issue dispatch permits inspite of the
direction of this Court in W.P.No.17290 of 2009, dated 20.03.2014, the
present Writ Petition is filed.
3. A counter affidavit is filed on behalf of 3rd respondent. In the said
counter affidavit it is stated that petitioner failed to file an application before
the 1st respondent under Rule 28(2) and not furnished statutory permission
obtained from the respective Departments and also not furnished the
Renewed Bank Guarantee for Rs.1,00,000/- as required under 23F of Mineral
Conservation and Development Rules, 1988. It is further stated in the counter
affidavit that since the mining lease was already cancelled vide
G.O.Ms.No.116, Industries and Commerce(M.II), Department,
dated 28.11.2015, the Writ Petition is liable to be dismissed.
4. Heard Mr Koutilya, learned counsel appearing on behalf of
Mr V.Jagapati, learned counsel for the petitioner and the learned Assistant
Government Pleader for Mines and Geology appearing for the respondents.
5. On hearing, learned counsel for the petitioner submits that as per
the orders of this Court in W.P.No.19068 of 2010, the petitioner has filed an
appeal before the Director of Mines and Geology/2nd respondent herein
seeking to set aside the demand notice. But the 2 nd respondent has not
considered the appeal and it is pending till date. The learned counsel for the
petitioner further submits that the petitioner has filed W.P.No.17290 of 2009,
seeking to set aside the said letter, dated 10.06.2009 of the District Collector
and the said Writ Petition was disposed of with a direction to the respondents
that as long as the lease is subsisting, the petitioner is entitled to continue
mining operations in the land and those operations cannot be stopped unless
the lease is cancelled in accordance with law. But the 3 rd respondent is
refusing to issue dispatch permits, which is illegal, arbitrary and against to the
orders of this Court in W.P.No.17290 of 2009. Hence, the learned counsel for
the petitioner requests to pass appropriate orders.
6. Learned Assistant Government Pleader for Mines and Geology
appearing for the respondents opposed for grant of any relief in this Writ
Petition and prays to dismiss the same.
7. Considering the submissions of both the learned counsels, the 2nd
respondent is directed to dispose of the appeal filed by the petitioner,
dated 25.04.2014 and pass appropriate reasoned orders in accordance with
law within a period of three (03) months from the date of receipt of a copy of
this order.
8. With the above directions, this Writ Petition is disposed of. There
shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall stand
closed.
_________________________
DR. K. MANMADHA RAO, J.
Date 23.09.2024
TM
