C. Abhiram Rao v. 1. The State of Telangana

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleaseci to issue writ, orcier or direction more particuiarly one in the nature of WRIT OF MANDATVUS, declaring the action of the lst respondent in not passing orders for granting quarry lease in over an extent of '14.50 Hects. in Sy.No.237, Chinthalatana Village, Thangallapalli [Vlandal, Rajanna Siricilla District Quarry Lease pursuant to the Proceedings forwarded by the Assistant Director of l/ines and Geology in LNo.2307937lR1-312023, dt.2210712024 in terms of orders passed by this Honourable Court in W.P.No.7693 of 2019, dt 2610O12023 as arbitrary, illegal, unjust and unconstitutional, in violation of principles of natural justice, Mines and [t/inerals (Development and Regulation) Act 1957 and Telangana State Minor Mineral Concession Rules '1966 and consequently direct the Petitioner to pass orders granting quarry lease in over an extent of 14.51) Hects. in Sy.No.237 of chinthalatana \/illage, Thangallapalli Mandal, Rajanna siricilla District. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the ci 'cumstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to direct 1st respondent to grant Quarry Lease in favour of tht, Petitioner in over an extent of 14.50 in sy.No.237, chintalatana Village, Tlangalapathi [t/landal, Rajanna Siricilla t)istrict, pursuant to the Proceedings forwarded by the Director of [\,4ines and Geology in 1r.No.2307937lR1-312023 dt")2'07-2024, pending disposal of the writ petition. Counsel for the Petitioner : SMT N.SHOBA Counsel for the Respondents : AGP FOR MINES AND GEOLOGY The Court at the stage of admission made the following OITDER THE HONOURABLE SRI JUSTICD N.V. SHRAVAN KUMAR ORDER: W.P. No.2O6l7 of 2025 Heard the learned counsel for the parties and with their consent this writ petition is disposed of a t t he admission stage itself.

2. This writ petition is filed questioning the action of 1"t respondent in not passing orders for granting quarry lease in over an extent of 14.50 Hects. In Sy.No.237, Chinthalatana village, Thangallapalli Mandal, Rajanna Sircilla District (hereinafter referred as 'subject property') Quarry Lease Pursuant to the Proceedings for-warded by the Assistant Direclor of Nlines and Gcology in Lr.No.23O7937 lRl-312023, dated 22.07 2024 in terms of orders passed by this Court in W.P.No.7693 ol 2O19 clatcd 26.06.2O23 as arbttrary, illegal, unjust and unconsLitutional, in violation of principles of natural juslice, Mines and Minerals (Development & Regulation) Act, 1957 and Telangana State Minor MinJral Concession Rules 1966.

3. The facts in brief as stated are that, the petitioner submitted applicant for grant of quarry lease lor building stone and road material in the subject property to the Assistant Director of Mines and Geologr/ respondent No.4 as contemplated under TSMMC Rules,

1966. The Thahsildar, Konaraopel surveyed and inspected the area along with Mandal Surveyor and submitted availability and classification report datcd 07 .O9.2016 vide procecdings \ 2 No.Bla368lLlOi6. On receipt of thr: No Objectron (.crrificaLc, Depury Director of Mines and Geologz has passed r rclers in Notice No.1972/e.2 12015 dated 22.I1.2016 proposing to g_ant quarry lease. Thereafter, Ervironmental Clearance was granted b,, SEIAA in Order No.SEIAA/TS/OLlSRSL_'2 /2OtZ_38g, d.ated 21.O4.2017 ancl larer pclitioner submitted quarry plan, the same was scrutinized and approved bv the Deputy Director of Mines and Geolcg.. Subsequent, to thc issuance Of Evironmental Clearnace, thc Iciangana State Pollution Control Board also has given its cot rse nt ordcr for establishment vide proceedings dated 30.06.2O17 folk rur:d by Consent for Operarion in Order d,ated 24.O7.2017 follor,i.ed rrpto 31.OS.201g and the same was rcnewed in order clated 25.02.2019. [t is furLher submitted that on submission of the above documr:nt, the Deputy Director of Mines and Geologz vicle order dated 30. lO.,JOl7 granted quarrv lcase fo: a pcriod of 15 years. Thereafter, Assis t:rnt DirecLor of Mines and Gcology has entered into lease deed on belralf oi the State and has issued work orders vide proceedinls dated Orl.O1.20 18 for a period o[ 15 years from Og.O1.2O1g to 07.01.2033. It is further submitted that the petitioner has commenced the qt_rarry, and the Forest DepartmenL interfered for raising of pillars arorrnci the quarry lease area. Thereafter petitioner hled W.p.No.7 693 of 2t)19 rvhich was disposed of b-r' trris court vide order dated 26.06.2023 u,irrr a direction to respondcnt l,los.3 and 6 to identity alternate m neral bearing Govcrnment lanC of 14.50 hectares and hand over thl same to the petitioner after follou,ing the due process of law.. (Jn recr:ipt of order of /r ) this Court dated 26.06.2023, the District Collector vide order dated

11.O7 .2023 directed the Thahsildar Lo identity Government Land for grant of alternate quarry lease and in terms of the judgment proceedings were also issued dated 12.O7.2023 to the Assis[ant Director of Mines and Geologr to identify suitable mines bearing Government Land for grant of quarry leases in terms of the judgment dated 26 .06.2023 . Thereafter, Thahsildar vide proceedings dated

18.O8.2023 issued No Objection Certihcate in terms of G.O.Ms.No.4, Revenue (Assn.l) Department, dated 19.01 .2015 for grant of quar[^ lease in Sy.No.237 over the subject land and a panchanama was conducted on 25.O8.2O23, and informed the Assistant Director of Mines and Geolog, that No Objection Certihcate is issued vide proceedings dated 18.O8.2023 and the possession is handed over and Thahsildar by notification dated 13.Og.2O23 has also notifiecl for granting quarry lease, called for objections if any. Thereafter, no objections have been received. ThereafLer, the District Collector by proceeding dated O4. lO .2023 remindecl .the Assistant Director of Mines and Geoiory to take action by granLing quarry leasc in terms of the judgment of the Hon'ble High Court dated 26.06.2023. Further, Assistant Director of Mines and Geology has wriLten to the Director of Mines and Geology vide letter dated 21.O2.2024 requesting the respondent No.1 that there are no violations. On receipt of the report from the Assistant Director of Mines and Geology, the Director of Mines and Geology vide proceedings dated 22.O7 .2024 , has requested the rcsponde* _No. t to pass orders. The petitioner lurther submits 4 tha Isr respondent on due to w hich petitiontttttot 26.04.2o2;> and , a.ortt responcrenr. No.I has not r'o" present writ petition is filed. 4. of the same has I made representations for grant of quz passed any order. euest Learned Assistant Government pleader eiled to pass orders, dated lB. 10.2024, trll/ lease till date ronrng the same, the )'ru'rro justilicarion re port to (iovernment apper ring for Mines and ".'."- \-ourt to a coullter filed on behalf " ''L\ r( rary lo thc Geologv has drawn attention of this Court ol- rcspondent No 4 wrh--;- I whcrein it is stated (lor.rr rmr,nl {M&{;.f vide ,,,4e,.^ rr^ ,^^ .- MemoNo rzsr,rry'r)ilzoI-:.T: has requcsr(:d the Director of Mines and Geology, Hl.derabad to fu.rish the i.rornlation as to whether there are anl precedent cases keeping in vicq, ol.the auction G.O. and also requsti:d Lo fi-rrnish the respondenr ivc).4 wirh a sim,ar .;"..; responden t N. 4 r ^ ^ ,,ds submit ted report to Ge.rog_r., Hycrerabad vide this office Letter N r2.o7.2024 under rntimer,^- :"* timation to the Deputy Directcr ofMines and ()cologr, warargerr. Further' the Director' Mines a,cl (ieologr, H-r'dcrabad submitted proposal/report to the go,'ernment for """ consideration arrd re,r,"_-,*_"^. ,, favour or rhe peritioner and a,, .""::;::'ffi,]::'-: tate nec,:ssary action according [o law immediately alter getting the rnstructicns from the ";:,rmark':d ro rhe orfice or st subsequen t ly' the office of the Dir.otor, Mines & t-c-LLet No'2972/t)1/2015 under a co govern me n t. / t In that vieg,of the matter sincc the matter is pending with the .5. rcspondent No. 1 and in vieu, of the common order passed in W.P.Nos.7693 of 2Ol9 and 7697 of 2Ol9 dated 26.O6.2023, the respondent No. 1 is directed to considcr thc letter dated 22.07.2024 addressed by Director of Mines and Geology to the respondent No. I and the common order passed in W.P.Nos.7693 of 2Ol9 and 7697 of 20 l9 and pass appropriate orders within a period of (O2) months from the date of receipt of copy of this order.

6. With these observations, this rvrit pctition is disposed of. Therc shall bc no order as to cos[s As a sequel, miscellaneous applications, if any pending, shall stand closed //TRUE COPYi/ SD/. A . PONNA KRISHNA ANT REGISTRAR ECTION OFFICER To \ \

1. The Principal Secretary, lndustries and Commerce (M.l) Dept, Secretariat, State of Telangana at Hyderabad.

2. The Director of Mines and Geology, Government of Telangana, Hyderabad 3. The Deputy Director of Mines and Geology, Warangal, Warangal District. 4. The Assistant Director of [Vlines and Geology, Rajanna Siricilla District. 5. Two CCs to GP FOR MINES AND GEOLOGY, High Court for the State of Telangana at Hyderabad. [OUT]

6. One CC to SMT N.SHOBA, Advocate [OPUC] 7. Two CD Copies SA GJP HIGH COURT DATED:2810812025 I ) ORDER WP.No.20617 of 2025 ---:5:':-:::'- :.-lr_ i'-_ -,4 ' .'.- _ - -\ ;. tL - + l.::-..::, .. i.,.-.' 12 SIP ?0?5 ',).. DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS.