HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 26563 OF 2010 DATED 16TH OCTOBER, 2014.
BETWEEN M/s. Adarsh Indian Mining Pvt.Ltd Rep. by its Senior Manager & Authorized Signatory M.M.Krishna Murthy ….Petitioner And The Government of Andhra Pradesh, rep. by its Secretary, Industries and Commerce Department, Secretariat, Hyderabad and ors.
… Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 26563 of 2010
ORDER:
Heard the learned Counsel for the petitioner and learned Government Pleader for the respondents.
This Writ Petition was filed challenging the action of the respondents in not issuing permits for mining and transportation of Mineral Quartz and Feldspar pursuant to grant by transfer of mining lease vide G.O.Ms.No.328, dated 01.12.2007 over an extent of Ac.18.15 gts in Sy.No.44 of Sarangaraopally village, Kosgi Mandal, Mahaboobnagar district.
The petitioner is a transferee of lease. Originally mining lease was granted to one P.V.Subhash Reddy. Later on lease deed was executed by the third respondent in favour of the petitioner and work orders were issued on 14.12.2007.
Necessary environment clearance was also obtained on 23.09.2009. However, the third respondent refused to issue permits on the ground that M/s. Adarsh India Minerals Pvt. Ltd of P.V.Subhash Reddy was due to pay the demand of royalty for the mining in Sy.No.171 of Japthisadagodu village, Uppunuthala Mandal, Mahaboobnagar district. Since the petitioner was not concerned with the said demand notice and the mining lease was transferred in favour of the petitioner on 1.12.2007, it (the petitioner) cannot be made liable for payment of royalty. Challenging the demand notice, the petitioner preferred revision before the Government of India and the same is pending consideration. The present Writ Petition was filed only for the limited purpose of seeking a direction to the third respondent to issue transport permits to the petitioner.
This Court by order dated 26.11.2010 directed the third respondent to issue permits for mining and transportation of Quartz and Feldspar minerals subject to the condition of the petitioner depositing half of the demand made in Demand Notice dated 09.03.2009 before the third respondent within a period of two months from the date of the said order.
It is represented by the learned Counsel for the petitioner that pursuant to the order of this Court, half of the demanded amount was deposited by the petitioner on 21.12.2011 before the third respondent and the petitioner has been transporting the minerals pursuant to the permits granted by the third respondent. However the issue with regard to liability of the petitioner is pending before the Government.
In view of the same, the interim order dated 26.11.2010 passed by this Court shall continue till the revision preferred by the petitioner challenging the demand notice dated 09.03.2009 is considered and disposed of by the Government of India.
The Writ Petition is accordingly disposed of. Consequently, miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No costs.
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JUSTICE A. RAMALINGESWARA RAO DATED 16TH OCTOBER, 2014.
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