Jv Babu v. Prl.Secretary ( Ind Andcom) And 2 Others

THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI Writ Petition No.15209 of 2017 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: " ......it is therefore prayed that this Hon'ble Court may be pleased to issue a appropriate Writ, Order or direction more particularly one in the nature of Writ of mandamus declare the amendment issued to the Rule 12(5) (h)(viii) of APMMC Rules, 1966 in vide G.O.Ms.no.29 I&C (Mines) Dept dt. 15-02-2017 as illegal, arbitrary and violation of principles of natural justice and also contrary to Sec.15(J) of the Mines and Minerals (Regulation & Development) Act 1957 and further declare that the amendment issued to the Rule 12(5) (h)(viii) of APMMC Rules 1966 in vide G.O.Ms.no.29, I&C (Mines) Dept. dt.15-02-2017 prohibiting the transfer of unexpired portion of the lease has no application to the applications that were pending as on the date of issuing impugned rules more particularly to the petitioner application 12-03-2012 and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interests of justice."

(Reproduced verbatim) 2.

I have heard the submissions of Sri G.Seena Kumar, learned counsel appearing for the petitioner, and of the learned Government Pleader for Mines & Geology representing respondents 1 to 3. I have perused the material record.

3.

At the hearing, learned counsel for the petitioner would submit that if a direction is given to the 2nd respondent to consider and dispose of the transfer application of the petitioner pending before the said authority in strict accordance with the procedure established by law, the ends of justice would be met and the grievance of the petitioner would stand redressed.

MSRM, J W.P.no.15209 of 2017 4.

Learned Government Pleader for respondents 1 to 3 endorses the said submission.

5.

Recording the submissions, the Writ Petition is disposed of directing the 2nd respondent to consider and dispose of the transfer application, dated 12.03.2012, of the petitioner, in strict accordance with the procedure established by law, however, within a period of four weeks from the date of receipt of a copy of this order and communicate the decision taken thereon to the petitioner within a week thereafter. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall stand closed. _____________________ M. SEETHARAMA MURTI, J 13th December, 2017 RAR

MSRM, J W.P.no.15209 of 2017 THE HON'BLE SRI JUSTICE M. SEETHARAMA MURTI Writ Petition No.15209 of 2017 13-12-2017