HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.22168 OF 2014
DATED: 04.09.2014 Between:
M/s.K. Seshagiri Rao & Company … Petitioner and Government of India and another … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.22168 of 2014
ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta)
Instead of keeping this matter pending, we think that the following order will sub-serve the interest of justice of the parties.
It appears that the Government of India has issued the impugned notice asking the petitioner to stop the mining operation.
Learned counsel for the petitioner contended that without giving an opportunity of hearing the impugned order is passed. We are in agreement with the learned counsel for the petitioner that the impugned order affects the interest of the petitioner and it has brought serious civil and evil consequences.
It is settled law that if any decision is taken resulting in civil and evil consequences, it has to be passed after compliance with the principles of natural justice. Moreover, the learned counsel for the petitioner contended that the Government has no power to issue such an order without conforming to the provisions of the rules framed under law.
In these circumstances, we ask the petitioner to make a representation questioning the impugned order taking all points, as may be advised, within a period of fortnight from the date of receipt of a copy of this order and on receipt of such representation, the 1st respondent – Director shall decide the matter dealing with all the contentions giving personal hearing. The entire exercise shall be completed within four weeks from the date of receipt of the representation. Pending the exercise, the impugned proceedings shall remain suspended and shall not be given effect to. In the event, if the petitioner fails to make any representation in terms of this order, then this order will stand recalled and the Writ Petition shall stand dismissed.
The Writ Petition is accordingly disposed of.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
4th SEPTEMBER, 2014.
K.J. SENGUPTA, CJ SANJAY KUMAR, J kvni