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High Court for State of TelanganaWP/23494/2017disposed of no costs

P.R. Venkatesan, S/O. P.P.Raghaval Naikar, v. State Of Andhra Pradesh, Rep. By Its Principal Secretary,

2018-08-27A V Sesha Sai2 pages

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.23494 of 2017 O R D E R:

This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief:

"To issue writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings of Respondent No 3 District Collector in rejecting NOC to the Petitioner vide Endorsement made in District Level Screening Committee dated 07 01 2015 and the proceedings of Respondent No 5 in proceedings No 2046/Q 3/2017 dated 14 06 2017 in proceeding to reject the quarry lease application of the Petitioner dated 08 02 2011 in over an extent of 8 000 hectares in Sy No 93/4 Kadirivedu village Satyavedu Mandal Chiittoor District as arbitrary illegal unjust and unconstitutional in violation of principles of Natural Justice Articles 14 of Constitution of India Mines and Minerals Development Regulation Act 1957 and A P Minor Mineral Concession Rules 1966 consequently call for records of the District Collector to the endorsement made in the District Level Screening Committee dated 7 1 2015 and set aside the same direct the Respondent No 5 to grant quarry lease on the application of the Petitioner dated 8 2 2011."

2.

Today, when the matter is called, it is submitted that the issue in the present writ petition is squarely covered by the order passed by this Court in W.P.No.11316 of 2015 and batch dated 30.07.2018 and a copy of the same is placed on record by the learned Standing Counsel. The operative portion of the said order at paragraph 6 reads as under: "6. For the aforesaid reasons, the writ petition is allowed, setting aside the impugned endorsement dated 07.01.2015 made by the District Collector, Chittoor, Chittoor District/third respondent herein and the matter is remitted for consideration afresh for issuance of No-Objection Certificate in favour of the petitioner herein, in accordance with law, as expeditiously as possible. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.".

3.

Following the above referred order in W.P.No.11316 of 2015 and batch dated 30.07.2018 and for the reasons recorded therein, this writ petition is also allowed in terms thereof. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs. ______________ A.V.SESHA SAI, J Date: 27.08.2016 grk

THE HON'BLE SRI JUSTI CE A.V.SESHA SAI W.P.No.23494 of 2017 Dated: 27.08.2018 grk