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2003 Supreme(AP) 1440

DEVENDER GUPTA, G.ROHINI
C. Narayana Reddy – Appellant
Versus
Commissioner of Panchayat Raj and Rural Employment, A. P. , hyderabad – Respondent


DEVINDER GUPTA, C. J.

( 1 ) THE validity of Rule 9-W of A. P. Minor mineral Concession Rules, 1966 as inserted by G. O. Ms. No. 1, Industries and Commerce (M) Department, dated 1-1-2001, is questioned in these two Writ Petitions. Hence they are heard together and decided by this common order.

( 2 ) SRI C. Narayana Reddy, Petitioner in w. P. No. 16710 of 2002 initially filed the writ petition, seeking to declare Rule 20 (e) of a. P. Panchayat Raj (Auction of Sand in the water Courses vesting in Gram Panchayat) rules, 2000 passed in G. O. Ms. No. 71, panchayat Raj and Rural Development (Pts. Ill) dated 29-2-2001 and Clause 8 (lll) of the Lease Agreement dated 29-7-2002 as invalid, inoperative and ultra vires the provisions of The Mines and Minerals (Development and Regulation) Act, 1957. (hereinafter referred to as "the Act") and for a consequential direction to permit him to carry on quarrying operations without reference to the said Rules.

( 3 ) IT is relevant to note that by the date of filing of writ petition the auctioning of sand in water courses was governed by the Andhra pradesh Panchayat Raj (Auction of Sand in the Water Courses vesting in Gram panchayat) Rules, 2000 made un

































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