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High Court for State of TelanganaWP/13555/2015disposed of no costs

M/S.Super Nova Granites, v. State Of Andhra Pradesh, Rep. By

2015-06-10A V Sesha Sai4 pages

THE HON'BLE SRI JUSTICE A.V.SESHA SAI Writ Petition No.13555 of 2015 ORDER:

Heard Smt. N. Shoba, learned counsel for the petitioner and the learned Government Pleader for Mines and Geology appearing for the respondents. The writ petition is filed under Article 226 of the Constitution of India for the following relief:

"to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent No.1 in not disposing of the Revision Application dated 04.06.2007 filed by the Petitioner questioning the determination orders of the Director of Mines & Geology in proceedings No.18860/R1-1/2006 dated 28.11.2006 as arbitrary, illegal, unjust, unconstitutional, in violation of Mines & Minerals, (Development & Regulation) Act, 1957 and A.P.M.M.C. Rules, 1966 and pass such other order or orders as the Hon'ble Court deems fit and proper in the interest of justice."

The petitioner herein was granted quarry lease for colour granite for a period of 15 years in the year 1995. The Director of Mines and Geology issued show cause notice No.35285/R1-1/2006, dated 27.09.2006, asking the petitioner to show cause as to why the action should not be taken for determination of the lease in question and forfeit the security deposit under Rule 12 (5)(h)(xii) of APMMC Rules, 1966. Subsequently, the Director of Mines and Geology, vide proceedings No.18860/R11/2006, dated 28.11.2006 ordered determination of the lease of the petitioner and also forfeiture of security deposit under Rule 12 (5)(h)(iii) of APMMC Rules, 1966.

The only grievance of the petitioner in the present writ petition is that though the petitioner filed revision as long back as in the year 2007, no orders have been passed by the first respondent on the revision filed by the petitioner. In the facts and circumstances of the case, the writ petition is disposed of, directing the first respondent herein to consider and dispose of the revision dated 04.06.2007 said to have been filed by the petitioner against the orders of the determination of lease dated 28.11.

Geology, after giving notice and opportunity to the petitioner, within a period of two months from the date of receipt of a copy of this order. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. No order as to costs. ______________________ A.V.SESHA SAI, J Date: 10.06.2015 Isn

THE HON'BLE SRI JUSTICE A.V.SESHA SAI

Writ Petition No.13555 of 2015 DATE: 10.06.2015 Isn