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2019 Supreme(AP) 297

M.SATYANARAYANA MURTHY
Phoenix Inn Pvt. Ltd. – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.S. Rayalu

ORDER :

M. Satyanarayana Murthy, J.

1. Phoenix Inn Private Limited and Madhu Infra filed this writ petition under Article 226 of Constitution of India challenging the action of the respondent No. 3 - Deputy Director of Mines and Geology in seizing the premises in an extent of Ac. 1.50 cents covered by R.S. No. 176 (P) of Enikepadu Village, Vijayawada, Krishna District along with rented machinery declare the same as illegal, arbitrary, against the principles of natural justice, contrary to the provisions of A.P. Minor Mineral Concession Rules, 1966 as amended (for short "Concession Rules 1966") and contrary to various G.Os. issued by the Government from time to time, consequently direct the respondent authorities to unlock the construction site permitting the petitioner company to continue the construction work.

2. The petitioner No. 2 is a construction company and petitioner No. 1 is proposed to construct a shopping mall in Enikepadu, Vijayawada in an extent of Ac 1-50 cents covered by RS No. 176 (P) of Enikepadu Village, Vijayawada, Krishna District with an estimated cost of 200 crores. Petitioner No. 1 company submitted an application to the AP Capital Region Development Authority (

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