Kotha Srinu v. 1. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order/direction or any appropriate writ, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents 2 & 3 in not considering petitioner quarry lease application dt.13lOl l2018 for Rough Stone lt Road tt/etal, in Sy.No.384 of Cinthalapally Village, [\,4iryalaguda fr/andal, Natgonda District, though NOC issued by the 4th respondent vide Lr.No.8/6395/2018, dt.1O/10/20'1 8, as illegal, arbitrary, violation of principles of natural law & justice and fundamental rights guaranteed under the Constitution and contrary to The Telangana State Minor Mineral Concession Rules, 1966' and consequently direct the respondents 2 & 3 to grant quarry lease permission to the petitioner by considering the application dt.1310712018, in the interest of justice. lA NO: 1 OF 2025 Petition under Section 15'1 CPC praying that in tl^ in the affidavit filed in support of the petition, the High Cr direct the respondents 2 & 3 to grant quarry lease permis considering the application dt.13-07-2018, in the interest , : ;ircumstances stated I t may be pleased to c n to the petitioner by fustice Counsel for the Petitioner: SRl. HARI KISHAN KUDIKALI' Counsel for the Respondent Nos. 1to3: SRI K. GAUTHAT\' ttEDDY, AGP FOR M NES AND GEOLOGY Counsel for the Respondent No.4: AGP FOR REVENUE The Court made the following: ORDER HONOURABLE Sr{r }US'IrCE N.V.SHRAVAN KUMAR WRIT PETITION No.22597 of 2025 ORDER Heard leaned counsel for the petitioner and Sri.K.Gautham Rcdd1,, learneci Assistant Coverrrment Pleader for Mines and Geology appearing for respondent Nos.1 to 3 and learned Assistant Govcrmnent Pleader for Ilcvenue appearing for respondent No.4 With their consent, th.is rvrit petition is Laken up for disposal at the stage of admission itself

2. This writ pctition is f ilcd sceking the following praycr:- "to declnre tlrc ocLiott of tlrc respondents 2 €s 3 in not consideing petitioner qunrry icrce npplicntion dt'13.07.2018 for Rottgh Stout I Rond Mctnl, in Sy Nc.384 o.f Citttlnrlnpnlhl Villnge, Mirynlngudt Mnnfu , Ntlgondn District, i/roag/r NC(i rssuad by tlrc 4, resporrlcttt t,ide Lr No.B/i:395/2018 dt 10.1A.r!018 ns tlLegal, arbitrary, aiolntion of principles justice ond .lintdmntr-tnl rights guarar cetl rtnder the of nnturnl lnu, €t Ctntstittttton tuld contrtrv fu l ltLt 7'cLtttgruut S lde Minor Mineral Cotrcassiotr Rult:s 1966 nttd t'o itstLltr ttLLy tLii:rt tlu: respttdtttls 2 tt 3 to gruttt qtnrry lcnsa penttissiotL to tlrc pctitioner by cottsidcrittg the ttppLicrttiotr dt 13.07.2078 itt llu' itLterest of justice."

3. I'oclay when the matter Itas bcen taken up for hearing, learned Assistant Government Pleader appcaring for respondent Nos.-l to 3 placed on record instruction issued bv respondent No.3, wherein it is stated that on petitioner's application dated 13.07.2018, respondent No.4 was requested to furnish No Objection Certificate (NOC) within 30 days. Thereafter, a leiter dated 72.08.2018, was issued to the \"!'|-"< %"triq '\ - ::2:l petitioner ir.r ti mating the da tes (i.e., 07.07.2019, 2, t2.2019, 03.01.2020 and 77.02.2020) for survey and inspection. Hon,r, . r r, the said survey and inspection could not be conducted,, as the P ,tyti6y11s1 failed to attend the samt,. It is further stated that thr (,overnrnent lrrlc C.O.Ms.No.26, [ndustries & Commerce (Mines-l , I ,r,partrnent, clated

31.03.2022, has arnended thc. Rules for grant of ( rr rrrv Lease and as per which " All applicntiotts for nnnor nincrnls r(,(, 1i t,tl pnor to tlate of conrmencemctt of tfust: ntnt,ndments to Telnng, ttt Mitor Mineral C.orrcessiort l,.trlcs 1966, slmll hacrnne rneligibtc."

4. Learned Assistant Government Irleader for r lrnes and Geology has drawn attr:ntion of this Court to G_O.Ms.No. tr 1131".1 37.03.2022, r'herein it is s1-recified that'to gtant tha lcnscs for ri ,t or rtrinerals except orrlmaty snnd nnd nrens rcst'nu,rl untlar [k c 9-A tlt L, t,]lr mtctiort erccltt otlrnoise prot'itleil by onrcndittg ltulc 4, 7, 12 nntl 7: ,' ltlnrtgnnn Minor MrrLeral Conccssion ll,,le, 1966. t'urtlrcr nll ytcnding r.t r ltcntiotts slnll nlso stnnd cancelltd'

5. Learnr:d Assistant Government Pleader subr rr is that in view of the G.O.Ms.No.26 dated 31.03.2022, the responc ,r t authorities are taking steps t. issue public auction and furthe. ,ubrtrits that the prayer sought irr the writ petition coulcl not be grar lr ri. ,';:,. - --Y .:...-i/ - J 6. At this stage, learned counsel for the petitioner pray this Court to grant liberty to petitioner to participate in the public auction

7. Recorcling the above submissions and since the respondent authorities in terms of G.O.Ms.No.26 dated 31.03.2022, are taking steps to issue public auction, this Court deems it appropriate to dispose of tire writ petition with a liberty to petitioner to participate in the said public auction. It is rnade clear that this Court has not expressed any opinion on the merits of the case and if the petitloner is found eligible, it is for the respondent authorities to pass appropriate olders in accordance with law

8. Accordingly, this n rit petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. /. M. OSMAN ALI BAIG SSISTANT REGISTRA //TRUE COPY// SECTION OFFICER To, \

1. The Principal Secretary, lndustries and Commerce (tt/ines) Department, Adarshanagar, Secretariat Road, T.S., Hyderabad.

2. The Deputy Director of Mines and Geology, Adarshanagar, Secretariat Road, Hvderabad.

3. The Assistant Director of tvlines & Geology, Nalgonda, Nalgonda District. 4. The Tahsidar, Miryalaguda lrlandal, Nalgonda District. 5. One CC to SRI. HAR| KISHAN KUDIKALA, Advocate [oPUC] 6. Two CCs to GP FOR MINES AND GEOLOGY ,High Court for the State of Telangana at Hyderabad [OUT]

7. Two CCs to GP FOR REVENUE High Court for the State of Telangana, at Hyderabad [OUTI

8. Two CD Copies o B I\,4 TKS HIGH COURT DATED:01 10812025 ., i.s_ 6 \1. ui:rg i'i .1,. /,, ..^ * ,.!/ !, l 'i ORDER WP.No.22597 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS t