M/S Spire Steels Pvt Ltd., v. Union Of India, Rep. By Its Secretary,
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.7630 of 2015 BETWEEN M/s. Spire Steels Pvt Ltd.
... PETITIONER AND Union of India, Rep. by its Secretary, Ministry of Law and Justice (Legislative Department), New Delhi and others.
...RESPONDENTS Counsel for the Petitioner: MR. BOJJA TARAKAM For MR. CHIKKUDU PRABHAKAR Counsel for the Respondents: GP FOR MINES & GEOLOGY MR. B.NARAYANA REDDY GP FOR INDUSTRIES & COMMERCE The Court made the following:
ORDER:
Heard learned senior counsel for the petitioner, learned Assistant Solicitor General appearing for respondents 1 and 2 and learned Government Pleaders appearing for respondents 3 to 5 respectively.
2. Petitioner company seeks prospecting license to establish Sponge Iron Company with 60,000 Metric Tonnes per annum capacity. The said unit is proposed to be established in Warangal District and for that purpose, the petitioner had applied for prospecting license for exploration of Iron Ore in the area covered in compartment No.465, 466 and 470 of Nawabpet village to an extent of 250 Hectares of Velachala Beat, Range Bhupalpally, Warangal (N) Division, Chityal Mandal, Warangal District. Petitioner's application is stated to be pending from 14.06.2011 and that in WP.No.8437 of 2012 dated 26.03.2012 direction was given to respondents 3 to 5 to process the petitioner's aforesaid application as expeditiously as possible. Thereafter, the petitioner states that the State Government has recommended their case for grant of prospecting license and sent a request for prior approval of respondents 1 and 2 under Section 5(1) of the Mines and Minerals (Development & Regulation) Act, 1957.
The said recommendation is stated to have been sent under letter of the Special Chief Secretary to the Government and CIP on 02.012.2014 to the first respondent by registered post acknowledgement due requesting to communicate prior approval. The present writ petition is filed alleging that no action is taken by respondents 1 and 2 in spite of receiving the said recommendations as early as in December 2014.
3. Since the scope of this writ petition is only with regard to inaction of respondents 1 and 2,
on the request of the learned senior counsel for the petitioner and learned Assistant Solicitor General, I deem it appropriate to direct respondents 1 and 2 to take a decision in the matter by considering the recommendations sent by respondent No.3, referred to above and pass appropriate orders, in accordance with law, preferably within a period of three (3) months from the date of receipt of a copy of this order. The writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J April 15, 2015 DSK