M/S.Mancherial Minerals,Rep.By Its Managing Partner v. The Government Of Andhra Pradesh, Rep.Byits Secretry

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.3288 of 2012 ORDER:

The petitioner was granted a mining lease in relation to limestone over an extent of 7.28 hectares in Survey No.172 of Nagaram Village, Mancherial Mandal, Adilabad District, vide G.O.Ms.No.57 dated 10.02.1993. Its complaint in the present writ petition was that the respondent authorities were not considering its application for issuance of dispatch permits for transporting limestone from the leased area.

The Assistant Director of Mines and Geology, Mancherial, Adilabad District, filed a counter-affidavit stating that his office had sought a clarification from the Director of Mines and Geology, Hyderabad, whether dispatch permits could be issued or not to the petitioner under letter dated 06.03.2012. He further stated that the orders of the Director of Mines and Geology, Hyderabad, were awaited in the matter. This counter was filed in March, 2012. It is now stated by the learned Assistant Government Pleader for Mines and Geology that the Director of Mines and Geology, Andhra Pradesh, issued necessary clarification under memo No.15709/R73/2003 dated 30.03.

2012 wherein he observed that the Government had condoned the delay in filing of the application for renewal of the mining lease and therefore, the petitioner - lessee was entitled to continue mining operations as per Rule 24-A(6) of the Mineral Concession Rules, 1960. He further instructed the Assistant Director of Mines and Geology, Mancherial, to verify the stock of mineral at Mine site and issue dispatch permits to the petitioner after collection of necessary royalty.

In the light of the aforestated clarification, the learned Assistant Government Pleader for Mines and Geology states that there would be no objection to the issuance of dispatch permits to the petitioner. Recording the said statement, the writ petition is disposed of.

The mining authorities shall act upon the clarification issued by the Director of Mines and Geology under memo dated 30.03.2012 and issue dispatch permits to the petitioner as per norms expeditiously and in any event, not later than four weeks from the date of receipt of a copy of this order, if not already issued.

Pending Miscellaneous Petitions, if any, shall also stand dismissed. No order as to costs.

____________________ SANJAY KUMAR, J Date:16.07.2015 GJ