Milestone Quarries Llp, v. The State Of Telangana,

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.7466 of 2017 ORDER:

This writ petition is filed seeking to declare the action of respondent Nos.2 and 3, in not issuing appropriate directions to respondent Nos.4 and 5 to provide free access to the men, machinery and vehicles of the petitioner through the leased area of respondent Nos.4 and 5 in tune with Clause No.18 of the Appendix of the Mining lease Proceedings, granted under A.P. Minor Mineral Concession Rules 1966 as arbitrary, illegal, unjust and violation of Articles 14 and 19 (1)G of the Constitution of India and consequently to direct respondent Nos.2 and 3 to forthwith issue necessary directions to the respondents 4 and 5 to enable the petitioner to carryout its mining operations in respect of leased land in Sy.No.619 of Konasamunder Village, Kammarapally Mandal, Nizamabad District.

Heard, learned counsel for the petitioner and learned Government Pleader for Revenue for respondents 1 and 2. The case of the petitioner is that the land adjacent to the petitioner's land over which the respondents 4 and 5 were granted lease was also revenue land and the respondents 4 and 5 are not providing free access to the petitioner to quarry their land.

respondents 1 to 3 by way of representation, dated 28-12-2016 and so far, no action has been taken by the respondents 1 to 3 on the said representation. Learned Government Pleader submits the possibility of providing access shall be given by the respondent authorities and they would take necessary steps to exploit the quarry by the petitioner.

In those circumstances, there shall be a direction to respondents 2 and 3 to consider the representation, dated 28-12-2016 said to have been filed by the petitioner and explore the possibility of providing access to the petitioner's mining area by holding meetings with respondents 4 and 5 and pass necessary orders. It is made clear that the orders passed by the respondents 2 and 3 shall be strictly inconformity with law.

Accordingly, the writ petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this writ petition shall stand dismissed.

____________________________ CHALLA KODANDA RAM, J March 03, 2017 Pn

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.7466 of 2017 March 03, 2017 Pn