HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos. 20083 and 21214 OF 2010 DATED 12th November, 2014.
BETWEEN M/s. V.S.Granites, Khammam Rep. by its Managing Partner, Sri T.Koteshwar Rao ….Petitioner in both WPs And The Director of Mines and Geology, Hyderabad and ors.
…Respondents in both WPs.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION Nos. 20083 and 21214 OF 2010
COMMON ORDER:
Heard learned counsel for the petitioner and learned Additional Advocate General for the respondents.
These two Writ Petitions can be disposed of by this common order as the issue that arise for consideration is one and the same.
In respect of an extent of 3000 hectors in Sy.No.47 of Kachireddipally village, Gangadhar Mandal, Karimangar District, this Court in the order dated 04.09.2014 in Writ Petition No. 15049 of 2010, after considering the rival contentions and material on record, opined that disputed questions of fact with regard to location of leased out mining area in favour of the petitioner in the aforesaid land cannot be gone into while exercising jurisdiction under Article 226 of the Constitution of India. Thereby this Court disposed of the said Writ Petition directing the Assistant Director of Mines and Geology, Karimangar, the Divisional Forest Officer, Karimangar (West), Karimangar, and the Tahsildar, Gangadhara Mandal, Karimangar to constitute a Committee and after issuing a prior notice to the petitioner therein, inspect the area with the assistance of the Assistant Director of Survey and Land Records and identify as to whether the leased out area falls within the Survey No. 47 of Kachireddypally village in Gangadhar Mandal, Karimnagar district which was declared as Reserved Forest Area in the Gazette Notification issued in G.O.Ms.No.990, Food & Agriculture (For.III) Department, dated 05.07.1972 and in the event of the area in dispute falls within the Reserved Forest, necessary action may be taken by the Director of Mines and Geology and Assistant Director of Mines and Geology for cancellation of the lease; otherwise, the Divisional Forest Officer, Karimangar (West) and the Sub Divisional Forest Officer, Karimangar West shall not interfere with the mining activity of the petitioner therein.
In these cases also, the mining lease granted in favour of the petitioner is subsisting. Since Writ Petition No. 21214 of 2010 relates to challenge made against cancellation of NOC by the Tahsildar, Gangadhara Mandal, Karimnagar district, the third respondent herein, no further orders need be passed therein as the lease granted in favour of the petitioner is subsisting and no consequential action subsequently for cancellation of NOC was taken by the second respondent. Insofar as Writ Petition No.20083 of 2010 is concerned, as the lease granted in favour of the petitioner is subsisting, the order passed by this Court earlier in Writ Petition No.15049 of 2010, dated 04.09.2014 should squarely govern the present Writ Petition also and therefore the instant Writ Petition is disposed of in terms thereof.
Subject to the above, both the Writ Petitions stand disposed of. Miscellaneous petitions pending consideration if any in the Writ Petitions shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 12th November, 2014. Msnrx