✦ High Court of India · 28 Aug 2025

HTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON'BLE SRI JUSTICE v. SHRAVAN KUMAR Between

Case Details High Court of India · 28 Aug 2025
Court
High Court of India
Decided
28 Aug 2025
Bench
Not available
Length
1,594 words

Petition under Article 226 of the Constitution of tndia or"iiffT:i?"=ll3 circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the 1st respondent in not passing orders for granting quarry lease in over an extent of 3.19 tlects. in Sy.No.237, Chinthalatana Village, Thangallapalli Mandal, Rajanna Siricilla District Quarry Lease pursuant to the Proceedings forwarded by the Assistant Director of Mines and Geology in Lr.No.23079371R1-312023, dt.2210712024 in terms of orders passed by this Honourable Court in W.P.No.7697ol 2019, dt.2610612023 as arbitrary, illegal, unjust and u nconstitutio na I, in violation of principles of natural justice, Mines and Minerals (Development and Regulation) Act 1957 and Telangana State Minor Mineral Concession Rules '1g66 and consequently direct the Petitioner to pass orders granting quarry lease in over an extent of 3.1 I Hects. in Sy.No.237 of Chinthalatana Village, Thangallapalli Mandal, Rajanna Siricilla District lA NO: 1 OF 2025 Petition under Section 'l 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct 1st respondent to grant Quarry Lease in favour of the Petitioner in over an extent of 3.19 Hects. in Sy.No.237, Chintalatana ',/illage, Thangalapathi Mandal, Rajanna Siricilla District, pursuant to the Proceedings forwarded by the Director of Mines and Geology in 1r.No.23079371R1-312023, dt22-07-2024, pending disposal cf the writ petition Counsel for the Petitioner: SMT. N. SHOBA Counsel for Respondents: AGP FOR MINES AND GEOLOCiY The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR ORDER W.P. No.2O7O9 of 2o25 Heard the learned counsel lor the parlies and with their consent this writ petition is disposed of at [he admission slage i[self

2. This writ petition is filed questioning the action of 1't respondent in not passing orders lor granting quarry lease in over an extent of 3.19 Hects. in Sy.No.237, Chinthalatana Village, Thangallapalli Mandal, Rajanna Sircilla District (hcreinafter relerred as 'subject property) Quarry Lease Pursuant to the Proceedings lbrrvarded by the Assistanl- Direclor of Mines and Geology in Lr.No.2307937 lRl-312023, dated 22.O7.2024 in terms of orders passed by this Court in W.P.No.7697 of '2019 dated 26.06.2023 as arbitrary, illegal, unjust and uncon strtutional, in violaLion of principles of natural justice, Mines and Minerals (Development & Regulation) Act, 1957 and Telangana State Minor Minerl[ Concession Rules 1966.

3. The facts in brief as stated are thal., Lhe pctitioner submitted application to lhe Assistant Director ol Mines and Geolo5r/ respondent No.4 for grant of quarry lease for builcling stone and road material in the subject property as contemplated under TSMMC Rules, 1966. The Thahsildar, Konaraopet surveyed and inspected the area along with Mandal Surveyor and submitted availability and classrfication report dated 07.O9.2O16 vide proceedings No.Bl4-36812016. On receipt of r! 2 the No ob'jection certiricate, Deputy Director of Mines and Geology has passcri orders in Notice No. 19721e.312O15_2 daled 31.12.2016 proposing r o grant quarry lease. Thereafter, Envir onmental Clearance rvas grantr_.d bl, SEIAA in Order No.SEIAA/TS/OL/SRSL_O4 l2OI7_ 2530, datc,l lS.l1.2O17. Later petitioner submitt,:d quz1rry plan, and r.r,a s scrutinizecl and approved by the Deputy Dir cctor of Mines and Geology. subscquent, to the issuance of Enviro rmental crearancc, the Telangana State pollution Control Board lracl also given iLs conscnt or<ler for cstablishment vide proceedings clated 2g.O2.2Olg follou'ed by Consent for Operation in Order No.9g i_RGM/TSpCB/ZO_ HYD/cFo/2018 2962 follovr.ed upto 31.01.2o19 rnd Lhe same rvas rencrr.cd i. ordcr ciated 26.02.2019. It is further strbmitted that on submission of the above document, the Deputy Dl ector of Mines and Gcolo5lv vid<r orcler dated 28.O2 .20 i g grantecl quarrrr lease for a pcrkrd ol 15 years. 1'hereafter, Assistant Director of Minr.s, :rnd Geology has entercd into lease deed on beharf of the state and lssued work orders vide procce<lings dated 24 .Og.2olg for a period of 20 years from 24.O9.2O18 ',o 23.09.2O3g. The petitioner commencecl the quarry, and the Forest l)cpartment interfered for raising of lrillars around Lhc quarry lease arca. Thereafter petitioner rrred w.F,.No. T697 of 2or9 which was dLsposed of by this court vide order datel 26.06.2023 w,ith a dircction to rcspondent Nos.3 and 6 to identify alternate mineral bearing Governmcrnt land of 3.19 hectares and hanrl over the samc to the peLitioner afie r lollowing the due process of la tv. C)n receipt of order of this Court dated 26.06.2023, the District Crrllector vide order /,/ -) dated 1 | .O7 .2023 directed the Thahsildar to identit5r Government Land lor grant of alternate quarry lease and in terms of the judgment, proceedings were also issued on 12.O7 .2023 to the Assistant Director of Mines and Geolory to identify suitable mines bearing Government Land lor grant of quarry leases. Thereafter, Thahsildar vide proceedings dated 23.O9.2023 issued No Objection Certificate in terms of G.O.Ms.No.4, Revenue (Assn.l) Department, dated 19.01.2O15 for grant of quarry lease in Sy.No.237 over the subject land and a panchanama was conducted on 25.O8.2023, and informcd the Assistan[ Director of Mines and Geologr that No Objection Certificate is issued vide proceedings dated 23.09.2023 and the posscssion is handed over and Thahsildar by notification dated 13.09.2023 has also notilled for granting quarry lease, callcd for objections if any. Thcreafter, no objections have been received. Thereafter, the District Collector by proceeding dated 04.1O.2023 reminded the Assis[ant Dire ctor of Mines and Geologz to take actron by' gran ting\ quarry lease in terms of the judgment of the Hon'ble High. Court dated 26.06.2023. Furthcr, Assistant Director of Mines and Geolog,' has writtcn to the Director oi Mines and Geology vide lelLer dalcd 21.O2.2024 requcsting the respor-rdent No.I that there are no violations. On receipt of the report lrom the Assistant Director of Mines and Geolog,, the Director o[ Mines and Geolosi vide proceedings dated 22.07 .2024, has rcquesLed the respondent No. I to pass orders. The petitioner furLher submits that 1s1 respondent on receipt of the same has failed to pass orders, duc to which petitioner made represen[ations dated 4

26.04.2O2i; an(l 13.05.2025 for grant of quarr,- Icasc and till date respondcnl No. I has not passed any order. euest;oning the szrmc, thc present $'nt pctition is filed. Y-1 - \

4. 'it'',r' [,carncci /\ssistant Government p]eader appearing for Mines and GeoloS' ha; drrr*'n atte.Lion or this court to a colrnter lired on beharf of respondirnt No.ul u.herein it is stated that the Secretary to thc Govcrnmcnr (Mlt.(i) vide Memo No. I23/M.I(2)/2O2 1 clated O1.O7.2024 has rcqtrr:stc<i rhc DirccLor of Mines and Geol,rg-1., Hyclcrabad to furnish tltc i,ftrrm;rli.n :Ls to whcthcr there are a,t_r. prececlc'rt citses .f the n,ction G.o. and arso reque,st.d to furnish thc kecping ir-r justilication rcport to Government under a copy marked to the office ol respondent No.,1 ri,ith a similar request. Subsequ:ntly, Lhe otfice ol respondent No..l ['ras submiLted report to the l)trector, Mines & Geologr,, Hydcr:rlr:rd vicle rhis office Letter No.29:2lel/2Oi5 dated 12.07.2024 .urrrl.r rntimation to the Deputy Direr:tor of Mincs and Geologr,, W,trzrnqal. F urther, the Director, Mi.res and Geolog1,, Hyder;rbarl sLrlrrni*cd proposal/report to the gove.tmcnt frrr conside ration :rrrrl rc-allotment of rhe quarry leas,: in favour of the petitioner a.d '1 r' respondent office w l initiate n(rcessary action according to litr,r immcdiately after getting the insrructions from thc governrnent.

5. In lhat vicu o1'thc mattcr since the matter is pencling with the respon<icnt No. I and in view of the common order passed in w.PNos.769ll ot 2or9 arr.rd 2697 of 2019 dated 2G.06.2023. thr: i .// - ) rcspondent No.1 is directed to consider the letter dated 22.07.2024 acldrcssed by Director of Mines and Geology, common order passed in W.P-Nos.7693 of 2Ol9 and Z69Z ol 2019 and rcprcsentations of the petitioner addressed to Director of Mines and Geologz dated 26.O4.2025 & 13.05.2025 and pass appropriate orders within a period of (02) months from the date of receipt of copy of this order. 6 With these observations, this writ petition is disposed of. There shall be no order as Lo costs. As a scquel, misccllaneous applicaLions, if any pend ing, sl-rall stand closed. Sd/- P. PONNA KRISHNA S TANT REGISTRAR //TRUE COPY// ECTION OFFICER To, \ 1, The Director of Mines and Geology, Government of Telangana, Hyderabad 2. The Deputy Director of Mines and Geology, Warangal, Wqrangal District. 3. The Assistant Director of Mines and Geology, Rajanna Siricilla District. 4. One CC to Smt. N Shoba Advocate tOPUCI 5. Two CCs to GP For Mines And Geology ,High Court for the State of Telangana. [OUT]

6. Two CD Copies IVlBC HIGH COURT ) NVSK,J DATE]D: 2810812025 ,4 '.,.:,. :i:.) it :-) i .-- \,,. i./ i:... ( a: i1T r1:)t?- 1 2 siP 2[i5 .,;. ' .'.. ; i- ..., a\- '.'.::^-..,.:ii .j.. ., -:,: ., :i. '.'. .i- .._' ORDER WP.No.20709 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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