Kummari Kashanna v. 1. 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 a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not considering the quarry lease application dt. 18-03-2020 filed by the petitioner herein over an extent of 4.80 hectares in Sy.no.255 of Bommanpad Village, Narayanpet Mandal and District is wholly illegal, arbitrary and violative of Articles 14 and 19 of the Constitution of lndia and consequently declare that the Petitioner is entitled for consideration of his quarry lease application dt. 18-03-2020 for grant of quarry lA NO: 1 OF 2025 Petition under Secticn 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the Respondents to consider the application of the petitioner for grant of quarry Iease and further direct the respondents to mainta n status quo over an extent of 4.80 hectares in Sy.no.255 of Bommanpad Villagt:, Narayanpet lr,4andal & District till the application for grant of quarry lease s considered by the Respondent authoritie:; Counsel for the Petitioner: SRl. KIRTHI TEJA KONDAVEEI'l Counsel for the Respondents: GP FOR INDUSTRIES COMMERCE The Court made the following: ORDER w THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.27929 of 2025 This u,rit petition is filed seeking the follon,ing pra,ver: "...declaing the action of the Respondents in n.ot cr.tnsideing the quarry lease application dt. 18.03.02020 filed by the petitioner herein ouer an extent of 4 BO hectares in Sg.No.255 of Bomtnanpad Village, Naraganpet Mandal and Distict is wholLg iLLegal, arbitrary and uiolatiue of Afticles l1 and 19 of the Constitution of India and consequentlg declare that the Petitioner is entitled for consideration of his quanry lease application dt.18.03.2020 for grant of quang Lease. . . " 2 . Heard learned counsel for the petitioner ar-rd learned Assistant Government Pleader for Industries appcaring on behalf of respondents. With their consent, this u'rit petition is taken up for disposal.

3. The facts of the case in brief as stated are that on

18.03.2020, the petitioner submitted a lease application for Stone and Metal with an extent of 4-80 hectares in Sy.No.255 of Bommanapad Village, Narayanpet Mandal 2 and Distr-i.-:1. On rer:cipt of the said ii;rplication, the Assistarlt lirector of Mines and Geokr,1,, \arayanpet referred [)etitioncr,s appllcation to t] c Tahsildar. Naral.anpe:t Mandal requcstiltg to furnish r_(.1 ,ort along rvith sketch ol the dcmarcated area on the cl: ssifir:aLion and availabilitl of lar.rd uid.e his letter dated l:).03.2020. The Tahsildar, after enquir_r submittcd his -c.port through Lr'No'B/r38'l /2o2o datecl o1.oz.2o2o holdir 1: that the sad area is Gor.crnmcnt land aud there is no h: l,italion rvithin 2 KMs fr.ont main road and as such sul,r:titted his No Objection rcr accord permission for grant ol. quarry lease. However, tJtr: flssjslnr-rt DrrccLor has not pror r:edecl with the quarry application of the petitioner. Accorclr _r;31.y, petitioner pr:rsonall,r' .lpproached respondent authoriti,:s requesting tl-rem to conrplcte survey ancl demarcation. l,fter repeated persuasiorrs and requests, the Assistant Dir cctor of Mines and Geolos1, complcted surve-v of subject ian I of petitioner, hor.l,ever, grant of qLlarr]. license to the petiti.ner u,as held up without any valid reason. In the nrcantrme, the Government through G.o.Ms.No.26 In<r,stries a,d Commerce [)epartment dated 31.03 .2022 ztmended the ;a*Gf- :?,'';5.e// 3 'l'elangana Mir-ror Mineral Concession Rules, 1966. As per the amended Rule 12 sub-rule (1) is as follows: "Th.e Minor Mtneral Concession except orclitarg sand and ctreas reserDed under Rule 9- A shall be granted through ctuction. The procedure for grant of Minor Mineral Concession in Gouernment lands through auction and the procedure _fo, grant of Minor Mineral Clonces.siorrs in patta lands shall be prescibed by the State Gouernment. All appltcations for ntinor minerals receiued pnor to the date of comn-Lencenlent of these amendments to 'l'elangana Minor Mineral Concessions Rules, 1966, shall become ineligible. "

4. It is submitted that the said order will come into effect from 01 .O4.2022 onwards. The main grievance of the petitioner is tl.rat though it is specifically stated that the amended rule is applicable from O 1.04.2022, however the respondent authorities did not process the quarry application of the petitioner dated 18.03.2020. In that regard, petitioner made a representation on 06.06.2023 to the respondent authorities and requested to grant quarry lease license at the earliest. Since, no action is forthcoming till date, the present writ petition is filed. 1 and Geoiogl' placed 5 Lcanted Assistirnt Govcrnment ple,tler lor Mines a copy of instructions issued bv Assistant [)irector of Mines ancl Geolo 1,,. arrtr.l ri.hile reiterating thc f:rcts ol tl-re case lr.ou lcl subnrit that petitioner hzrs become ineligible for grar-r t of r1uar.rl lease as per G.O.rv-[s. \o.26 datecl 31.O3.2022.

6. Hou.ever, the instructions of the Assis;tan I Drrector of Mines lrnrl Geologr is silent zrs to hori. t I rc pe titior_rcr is ineligible for gralt of qua;n. lease, when tr,rc .r.ahsirdar, Narayalpct Mandal has given No Objectio I for. grart of quarry lease on or-o7.2o2o and u.hen trr,-. peritioner,s applicatiorr ir; datecl 18.03.2020.

7. Lea;ncd Assistant (]ovcrnment pk::Lder submits that after the datc of issuance of No Objer:tion from the Tahsildar, thc Ccr-rtral Covernment irnposed COVID restrictions and moreovcr in terms of G.O.N4s.No.26 dated 31.O3.2022. the applications were file c: belbre tl,re commencement of arnended rule as such is ir.e ligiblc. @ -g 5

8. Heard learned counsel on either side and perused the record

9. In the instructions, it is silent as to what is the trme period prescnbed from the date of liling of report gran trng no objection from Tahsildar till the date of considering the applicatior-r. In that vier,v of the matter, this writ petition is disposed of u,ith a direction to respondent authoritres to considcr the application of the petitioner datecl 18.O3.2020 arrd pass a reasoned order rt'ithin a period of three (3) r.'.'eeks from tl.rc date of receipt of a copy of this order Miscellaneous petitions, pending, if any, sha-ll stald closed. Ho'uvever, there sl-rall be no order as to costs SD/. A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR6 SECTION OFFICER i \ //TRUE COPYII To, Buildings,T.S.,Hyderabad. t ]hg Princip_al Secretary, Industries and Commerce Department, Secretariat 2. The Director of lt4ines and Geology, Hyderabad. 3. The Deputy Director of Mines and Geology, Hyderabad. 4. Assistant Director of [Vines and Geology, , Narayanpet, Narayanpet District. 5. One CC to SRl. KIRTHI TEJA KONDAVEETT, Advcicate tOpUCj 6. Two CCs to GP FOR INDUSTRIES COMMERCE ,High Court for the State of 7. Two CD Copies Telangana at Hyderabad [OUT] Btu PVL HIGH COURT DATED:2211012025 ORDER WP.No.27929 of 2025 .4, '.g il rc r; r4r€ () 1, I $6 N[! ?ffi a. a DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1o