M/s. Bala.li lvlinerals and Chemicals v. The Director of tvlines and Geology

Petition under Article 226 ol the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more so one in the nature of MandamusdeclaringtheinactiononthepartoftheRespondentsmore particularly the .1st Respondent herein in not disposing of the online Quarry Leaseapplicationdt.l3i0312025withregardtotheQuarryleasearealegallyand validly held by the Petitioner in an extent of 4.90 Hectares in Sy No 28511 of KotmarpallyVillage,Marpallett/landal,VikarabadDistrictasillegal'arbitrary' contrary to the provisions of the T.S. tr/linor Mineral concession Rules, 1966 and .i consequently din)ct the 1st Respondent herein to dispose of the same within a fixed period of tir1e, in the interest of mineral development' law and justice' IA NO: 10F 2021) Petition urlder Section 151 CPC praying that in the circumstances stated intheaffidavitfiedinsupportofthepetition,theHighCourtmaybepleasedto direct the Respr>ndents herein more particularly the 1st Respondent herein to unlock the Quarry lease lD No. 152205034',l and issue dispatch permits in favour of the Petitioner with regard to the Quarry lease area legally and validly held by No 285/1 of KotmarPallY the Petitioner ir an extent of 4 90 Hectares in Sy' which it maY result in Village, Marpalle Mandal, Vikarabad District failing irreparable loss and hardship to the interest of the Petitioner' Counsel for the Petitioner: SRI PANNALA SRINIVAS Counsel for the Respondents: AGP FOR MINES & GEOLOGY The Court made the following: ORDER .J THE HONOUITABLE SRIIUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.27141 of 2025 ORDER: Heard lcarned counsel for the petitioner and learned Assistant Govemment Pleader for Mincs and Geology appearing for respondent Nos.1 to 4 with their consent, this writ petition is being taken up for disposal at the admission stage itself. i ' I I I 2 This writ petition has becn filed seeking the following prayer:_ "...to issLrc n turit, order or tlirection trcre so one in the nnture of Mnnrlatnus declnring the innction on tlrc pnrt of the Respottdents moie particularly tlu 1't Respondent lrcrein in not disposing of the Online Quarry Lease application rkterl 73.03.2025 zuith regari to the euarry lense area legally-yd aalidty lrcId by the petitioner in an ettent if 4.9b !15tnr1s in Sy.No.285/7 of Kohnarpally Village, Marpalle Mandal, YYrf!il District ns iLlegnl, nrbitrnry, cintrnrylo the proaisions of tlrc T.S. Minor Mincrnl Concessiort ktles, -1966 and_ consequently iirect lhe 1st Respondent lrcrein to disytose of the sLme u,ithin a fixert fenod of tinte, in the itterest o.f minertl dettelopntent, laro nntl just7ce...,,

3. Brief facts stated in this writ petition are that the then Government oI Andhra Pradesh zrldz G.O.Ms.No.40 Industries and Commerce (MinesJ) Departmen! dated 16.02.2005, granted mining lease to the petitioner for extraction of the Minerals-white clay ancl Laterite, in an extent of 6.0 hectares in Survey No.285/1 of Kotmarpally Village, Marpalle Mandal, Ranga Reddy District, for a period of 20 ycars. Thereafter, a Lease Deed was executed and the petitioner was permitted to commence the mining operations for l4rhite Clay and Literite for a period of 20 years i.e., from 77.03.200s to 16.03.2025. It I 2 is further submitted that in thc year 20L4, because or' .ertain circumstance beyond the control of the petitioner, the Mining leasc got lapsed a^d the petitioner has filed an application under Rule 2g(1) of the \rineral Concession Rules, 1960 and the responclent authorites z;ide Merno bcar.ing No.10457/M.[/ 2013-2 dated 78.12.2014, grantcd permissio.r to the petitio,er to concluct the mining opcr,rtion for the balance left over leasc periocl 1.c., upto 16.03.2025. Tl-rereafter, t.re peLitioner had obtained Environmenta[ (-learance Cer.tificate datcd 16.10.2015 from the Office oI State Level Err ironment Impact Assessment Authority, Telangana Stalc, Government o: lr.rclia, Mi,istry of E.vi'onmenl, Forest and Clirnate Crrangc and the sar.e is r';rricr for a per.iod of 13 years or the expiry of Mining lease period, whichevcr. is earlicr. On 27 .05.2076, tL e petitioner had obtained Consent orcler for, operation from the T.s.P.c.B Zcnal officcr, Hyderabad. Later, a fresh c.user-rr orcler datecr

02.12 2021 wiLs also obtained. The case of the petitioner. is that since the lease pcriod will ctme to an end on '16.03.2025, the petitioner through online, has filed rcnewal application on 13.03.2025, duly payi*g tl. r.enewal fees, user cirarges and application fee for an amount of Rs.g,84,300/ _ in terms of the G.O.Ms.No.2ri, dated 31.03.2022. Thereafter, respondent No.2, olde notice No.LOI/R/VKB/0029 ctate<i 73.03.2025, requested the pctitioner to submit scrutinized Quarry plan along with the environmental clcarance and consent orders from t.-r. co.cerned authorities, within a period of (06) six mo.ths from the date of notice. Thereafter, the petitioner on 20.03.1025, along with a challan for Rr;.5000/- had subrnitted the draJt euarry plan and requeste<I to J renew thc license, howevcr, till date the petitioner's application dated

73.03.2025 is not considered. Aggrieved by the same, this writ petition is filed.

4. Learned Assistant Government Pleader for Mines and Geology appearing for respondcnt Nos.1 to 4 has drar,t s attention of this Court to the notice dated 13.03.2025 issucd b1, respondent No.2, relcvant portion 1S extracted hereunder:- "As per TSMMC RtLles, 1996 the renerunl npplicont is requested to submit Scrutinized Qunrry Plnn along ruith EmtironnLental Clenrance; Consent lor Establishment nnd Consent for Operntion fi'om the autlnrity conccrned utitltin (6) nonths lrom the date of this notice so as to consider the reneu,al of Quarry Lease." Learned Assistant Govcrnment Pleader furthcr submits that thc petitioner on

20.03.2025 had only submitted a draft Quarry Plan ancl failed to submit the Environmental Clearancc, Consent for Establishment and Consent for Operation ordcrs from thc authority concerned, hence, the petitioner application dated 13.03.2025, for rcnewal of licensc was not considered further

5. At this stage, learncd counsel for the petitioner submits that the petitioner is ready to furnish the required clocuments as stated in the notice dated 13.03.2025 and pray this Court to direct the respondent authorities to consider the same and pass orders in a timc bound period.

6. Recording the submission made by the learned coursel on either side and in view of the fact that the respondent No.2 uitle notice bearing t t 1 No.LOI/R/\'Kts/0029 da.ted 73.03.2025, has requested the petitioner to submit the licrutinized Quarry Plan along with Envir.*nental Clearancc., Conse^t for Establishment and Consr:r.rt for operation :rom the authority conccrned arrd the petitioner on 20.03.2025, has only submittcd thc draft Quarrv plan and failed to submit othcr ccrtificatcs/ o1.d,ir:s as rncntio.ed i. notice datcrl L3.t)3.2025, this Court clecms it appropriate t. tlispose of thc writ petition grartirg liberty to petitioncr to [u'rish the ct,r.tificates/ orclers as mentio,ed ir the notice dated 13.03.2025 within a perioLl rrf t*,o (02) n,ccks fror. the datr: oi receipt of copy of this orc{cr and thereaficr, the rcsp.ndent authorities atc directed to considcr thc sarnc aud pass appropriatc orders, as cxpeclitiously as possible, preferably, withi, a period of three (3) w,ccks from thc date of rc:eipt of the required certifica tes/ orders. It is made clcar that this Court had noL expressed any opinion on tlrc mcrits of the ,:.rse a,d it is for tlrc respondent arrthoritics to pass orders strictly in accordarrct, rvith larv.

7. With the above directions, this writ petitior., is clisposed of. Misccllaneour; applications, if any pe,ding, shall stand closccl. No order as tc.r costs. To, //TRUE COPY// SD/-MOHD. ISMAIL DEPUTY REGISTRAR secrto€rrrcen 1 The Director of l\ilines and Geology,2nd Floor, My Home Sarovar Plaza, Shahpur Wedi, Adarsh Nagar, Secreiariat Road, Hyderabad 500 029. The Deputy Director of Mines and Geology, East Yadav Nagar, Ramakrishnipuram, L.B. Nagar, Hyderabad 503 035. 2

3. The Assista rt Director of Mines and Geology, New Building, Opp. Vinayaka Temple Ro:rd, Pathakunta, Adarshnagar, Saipur, Tandur Town, Vikarabad District 501 141.

4. The Principal Secretary (Mines), lndustries and (Mines) Department Dr. B.R. Am'bedkar S6cretariat Buildings, Saifabad' Hyderabad, State of Telzrngana- 500 004. -Commerce ../ \

5. One CC to SRI PANNALA SRINIVAS' Advocate [OPUCI t +x3.3:;:,g;.:,:r"Jt'J5f, & GE.L.GY' Hish court for the state of

7. Two CD CoPies BSR BS HIGH COU RT NVSKJ DATED:1010912025 t a 1$ sEP 2U5 .Ji, t(..' * , -i\ i; ',L,.i . ) r tEo :, 1 Ct it -t" ORDER WP.No.27'141 of 2025 I l I i DISPOSING OF THE WRIT PETITION, WITHOUT COSTS q \ rl) \.r