Jatoth Mark Raju, v. The State Of Telangana, Rep. By Its Principal Secretary,
HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND FIFTEEN :PRESENT:
THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WP .NO:493 of 2015 W.P.M.P.No.591 of 2015 Between:
Jatoth Mark Raju S/o Hemu, R/o H.No.1-40, Y.S.R. Nagar, Bayyaram Mandal, Khammam District.
..... Petitioner 1 The State of Telangana, rep. By its Principal Secretary, Industries and Commerce Department, Secretariat, Hyderabad.
2 The Director of Mines and Geology, State of Telangana, Hyderabad. 3 The Assistant Director of Mines & Geology, Kothagudem, Khammam District.
.......Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate writ, declaring the action of the 1st respondent contained in G.O.Ms.No.4, Industries and Commerce (M.II) Department, dated 08.01.2015 determining the mining lease of the petitioner concerning 8 hectares is arbitrary, illegal and without jurisdiction, and consequently, set aside the same and direct the respondents to permit the petitioner to exploit the same by issuing transport permits during the subsisting of the lease period as per G.O.Ms.No.100, Industries and Commerce Department, dt.29-03-2005 , transfer G.O.Ms.No.24, Industries and Commerce Department, dt.29-01-2009 and the Transfer Work Order, dt.02-03-2009 up to the year 2025;
Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in W.P. the High Court may be pleased suspend the operation and effect of the G.O.Ms.No.4, Industries and Commerce (M.II) department, dated 08.01.2015, determining the mining lease area covered by the Mining Lease contained in G.O.Ms.No.100, Industries and Commerce Department, dt.29-03-2005, transfer G.O.Ms.No.24, Industries and Commerce Department, dt.29-01-2009 and the Transfer Mining Lease work order dt.02-03-2009, pending disposal of the Writ Petition No.493 of 2015 on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of SRI N.M.KRISHNAIAH, Advocate for the Petitioner and of learned Additional Advocate General (T.S.), for Respondents,
and the Court made the following:
ORDER:
Rule nisi. Call for records.
Notice returnable in four weeks.
Learned Additional Advocate General takes notice for respondents and seeks two weeks time to file counter.
Since the question involved in this writ petition relates to power of determination of the lease by the State in terms of Rule 27(v) is required to be adjudicated and the said question being purely a legal question, it is appropriate to hear and decide this matter at the earliest.
List on 09.02.2015.
In the meanwhile, if any, percepetative action is taken with regard to the leased area by the State such as allotment of the said leased area to any other party, petitioner is at liberty to move appropriate application. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Principal Secretary, Industries and Commerce Department, State of Telangana, Secretariat, Hyderabad.
2 The Director of Mines and Geology, State of Telangana, Hyderabad. 3 The Assistant Director of Mines & Geology, Kothagudem, Khammam District. (1 to 3 BY RPAD) 4 One CC to SRI N.M.KRISHNAIAH, Advocate (OPUC). 5 Two CCs to ADDITIONAL ADVOCATE GENERAL (T.S.), HIGH COURT, HIGH COURT BUILDINGS, HYDERABAD. (OUT).
6 One spare copy.
SRL
HIGH COURT VVAJ DATED: 20.01.2015 NOTE: LIST ON 09.02.2015
ORDER
W.P.NO. 493 OF 2015 DIRECTION
HIGH COURT Drafted by: SRL Date of Drafting : 21.01.2015 VVAJ DATED: 20.01.2015 NOTE: LIST ON 09.02.2015
ORDER
W.P.NO. 493 OF 2015
DIRECTION