Suresh Agarwal v. The State Of Telangana And 2 Others

[ 3215 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

FRIDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND TWENTY rwo :PRESENT:

THE HONOURABLE DR. JUSTICE G.RADHA RANI lA No. 2 OF 2022 IN WP NO: 20739 OF 2022 Between:

Suresh Agarwal, S/o Late Banasilal Agarwal

...Petitioner

(Petitioner in WP 20739 OF 2022 AND on the file of High Court)

1. The State of Telangana, rep. by its Secretary, lndustries and Commerce Dept., Secretariat, Hyderabad

2. The Director of Mines and Geology, Government of Telangana, Hyderabad

3. The Assistant Director of Mines and Geology, Adialabad

...Respondents

(Respondents in-do-) Counsel for the Petitioner : Smt. N SHOBA counsel for the Respondents : GP FOR MINES AND GEOLOGY Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass orders on petitioner representation pursuant to the proposals submitted by the 2Nd respondent for revival of mining lease in over an extent of Acs.107.21 in Sy.No.18, 22.26,27 & 28 of Gollaghat Village, Thamsi Mandal, Adilabad District, in pursuant to the lease granted vide G.O.Ms.No.29, lnd. & Com. Dept., dt.17- 02-2007, pending disposal of WP No. 20739 of 2022, on the file of the High Court. The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following.(The receipt of this order will be deemed to be the receipt of notice in the case).

ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Mines and Geology.

Learned counsel for the petitioner submitted that the petitioner was granted mining lease for Manganese Ore in an extent of Acs.107.21 in Sy.Nos.18, 22, 26,27 & 28 of Gollaghat Village, Thamsi Mandal, Adilabad District for a period of 20 years. The lease was executed on 21.03.2007. The petitioner could not operate the mine for want of CFO from T.S. Pollution Control Board. As the mine was not in operation, the mining lease lapsed. The petitioner gave

several representations for revival of the mining lease, The last representation was dated 27.'11,2018. The Director of Mines and Geology had submitted proposals to the 1"t respondent recommending for revival of mining lease and the same was pending consideration before the Government and prayed for interim orders directing the l"t respondent to pass orders on the representation of the petitioner, The learned Government Pleader for Mines and Geology submitted that the Director had sent the representation of the petitioner to the Government and the same was pending consideration.

Considering the submissions of both the learned counsel and as the petitioner had deposited all the dead rents and also obtained approvals from the concerned authority and the Pollution Control Board had also issued consent order vide order dated 27.08.2019, which was valid up to 31.08.2024, it is considered fit to direct the 18t respondent to consider the representation of the petitioner dated 27 .11.201 8 for revival of the mining lease and to pass appropriate orders in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order. SD/- P. PADMANABHA REDDY ASSISTANfR ISTRAR //TRUE COPY// S OFFICER To, 1 . The Secretary, lndustries and Commerce Dept., State of Telangana, Secretariat, Hyderabad

2. The Director of Mines and Geology, Government of Telangana, Hyderabad

3. The Assistant Director of Mines and Geology, Adialabad('1 to 3 By RPAD)

4. One CC to Smt, N SHOBA Advocate [OPUC]

5. Two CCs to GP FOR MINES AND GEOLOGY, High Court at Hyderabad. TOUTI

6. One spare copy mvJ

HIGH COURT DT.GRR,J DATED:2910412022

ORDER

!.A.NO.2 0F 2022 IN WP.No.20739 ot 2022 DIRECTION I=iN q li.lii F:l :,.

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