Sri K. Sreedhar v. Union Of India & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8474/2015 SRI K. SREEDHAR ..... Petitioner Through :

Mr Saurabh Kirpal, Mr Ninad Laud, Mr Jayant Mohan and Mr Anjuman Tripathi, Advocates.

versus UNION OF INDIA & ANR ..... Respondents Through :

Mr Kirtiman Singh, Mr Waize Ali Noor and Mr Pranav Agrawal, Advocates for UOI.

Mr Joseph Aristotle and Mr K.Priyadarshini, Advocates for R-3.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 14.12.2016 W.P.(C) 8474/2015 & CM Nos. 18178/2015 (stay), 44428/2016 (for direction) The petitioner seeks quashing of order dated 28.07.2015 issued by Ministry of Mines, Government of India, whereby the Ministry of Mines held that the proposal for accord of prior approval for grant of mineral concession has become ineligible.

However, the State Government was advised to examine the proposal and in case there was strong case for the concession under the provisions of Section 10(A) of the Mines and Minerals Development and Regulation WP(C) 8474/2015

(Amendment) Act, 2015, the Ministry could be informed for further necessary action.

Both the Union of India as well as the State of Karnataka have taken a preliminary objection that, since the proposed mine is situated in the State of Karnataka, this Court would not have the jurisdiction merely on account of the fact that the order had been passed within the territories of Delhi.

Learned counsel for the petitioner seeks leave to withdraw the petition with liberty to approach the jurisdictional High Court. In view of the above, the Writ Petition is dismissed as withdrawn reserving liberty of the petitioner, as prayed for. Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J DECEMBER 14, 2016 'Sn'

WP(C) 8474/2015