IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.37331 of 2014 BETWEEN M/s. Royal Rocks.
AND ... PETITIONER The State of Andhra Pradesh, Rep. by its Principal Secretary, Industries and Commerce Department, Secretariat, Hyderabad and others.
...RESPONDENTS Counsel for the petitioner: MR. D. PANDU RANGA REDDY Counsel for the Respondents: GP FOR INDUSTRIES & COMMERCE The Court made the following:
ORDER:
Petitioner was granted quarry lease of Colour Granite over an extent of 3 hectares in gap area of Ramakrishnapuram village, Palasamudram Mandal, Chittoor District in the year 2007. The quarry lease was granted for a period of 20 years from 30.04.2009 to 29.04.2009 subject to satisfaction of the Rules under the A.P. Minor Mineral Concession rules, 1966 (for short ‘the Rules’) and the Granite Conservation and Development Rules, 1999. While so, the petitioner’s quarry lease was cancelled for non-payment of dead rent for the year 2012-2013. Aggrieved thereby, petitioner filed a revision under rule 35-A of the Rules and the said revision has since been allowed by the Government under order dated 13.06.2013 and the quarry lease of the petitioner was restored by setting aside the orders of the Director of Mines and Geology dated 20.12.2012 subject, however, to payment of dues towards the dead rent along with interest within 30 days. Petitioner states that subsequently he has cleared all the dues and is carrying on the quarry operations. However, the application for grant of dispatch permits, by the petitioner, on 15.10.2014 under statutory Form K has not been considered by the respondents. Petitioner also states that though he has paid all necessary fee, as stated above, there is no reason to withhold the dispatch permits in terms of Rule 34 of the Rules. Hence, the present writ petition.
2. Instructions received by the learned Government Pleader show that the petitioner has made payment of the dead rent vide challan dated 12.05.2014, which is for the year 2014-2015 and the Director of Mines and Geology was, accordingly, informed about the payment. Instructions, however, states that since the petitioner is due substantial amount towards arrears with regard to another lease in Sy.No.113 of Chillamakulapalli village, S.R. Puram Mandal, Chittoor District, the dispatch permits are not issued to the petitioner.
3. Evidently, the aforesaid leases are different and so far as the present lease is concerned, the payments made by the petitioner are not in controversy and the lease is already restored by the Government, as per the orders, referred to above. In view of that in terms of Rule 34 of the Rules, the petitioner’s application for dispatch permits is required to be considered and disposed of in accordance with Rule 34 of the Rules by the third respondent.
The writ petition is accordingly disposed of directing the third respondent to act, accordingly, as aforesaid and pass appropriate orders expeditiously. As a sequel, miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J December 12, 2014 Note: Furnish C.C. of the order by 16.12.2014.
(B/o) DSK