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High Court for State of TelanganaWP/35278/2017disposed of no costs

M/S. Sai Ramana Metal Industries Represented By Its v. The State Of Telangana, Rep. By Its Principal Secretary,

2017-10-24A V Sesha Sai3 pages

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.35278 of 2017 ORDER:

Heard learned counsel for the petitioner and the learned Government Pleader for Mines & Geology. The grievance of the petitioner, in the present Writ Petition, is the alleged inaction on the part of the Director of Mines & Geology, Hyderabad-second respondent herein, in disposing of the appeal filed by the petitioner herein against the order passed by the third respondent, vide proceedings No.1154/ QL/MDK/2015, dated 16.06.2017. By virtue of the said order, dated 16.06.2017, the Deputy Director of Mines & Geology, Nizamabad-third respondent herein rejected the application of the petitioner herein for quarry lease in respect of the area admeasuring Ac.1.69 Hectares situated in Sy.Nos.132 of Rudraram Village and Ac.3.27 Hectares in Sy.No.738 of Lakadaram Village, Patancheru Mandal, Medak District. As against the said order of rejection, on 26.09.2017, the petitioner filed statutory appeal under Rule 35 of the Telangana State Minor Mineral Concession Rules, 1966. Along with the said appeal, according to the petitioner, it also filed an

AVSS,J W.P.No.35278 of 2017 application seeking stay of the impugned order on the same day.

It is stated in the affidavit, filed in support of the Writ Petition, that the petitioner herein came to know that the respondents are attempting to issue quarry lease in favour of third parties. It is submitted by the learned counsel for the petitioner that, in the event of the same being issued, the petitioner will have to suffer irreparable loss and hardship. It is further submitted that no orders have been passed by the third respondent either on the stay application or on the appeal filed by the petitioner herein and, in view of the same, petitioner herein is suffering irreparable loss and hardship.

Having heard the learned counsel for the petitioner and the learned Government Pleader, this Court deems it appropriate to dispose of the Writ Petition with a direction to the Director of Mines & Geology, Hyderabad-second respondent herein to pass appropriate orders on the appeal, dated 26.09.2017, preferred by the petitioner herein against the order passed by the Deputy Director of Mines & Geology, Nizamabad-third respondent herein vide proceedings No.1154/QL/MDK/2015, dated 16.06.2017, within a period of three months from the date of receipt of

AVSS,J W.P.No.35278 of 2017 a copy of this order after giving notice to all the stakeholders.

Accordingly, the Writ Petition is disposed of.

Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

___________________ A.V. SESHA SAI, J 24th October, 2017 Tsy