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U. DURGA PRASAD RAO
Southern Rocks & Minerals Private Limited – Appellant
Versus
Government of Andhra Pradesh, Industries & Commerce (Mines-II) Department – Respondent
ORDER :
U. Durga Prasad Rao, J.
1. The Petitioner company holds three leases for black galaxy granites in respect of (i) 2.729 hectares in S.No. 21/11 to 13, 25P, 26, 27/P & 28/P (concerning to W.P. No. 10994/2021) (ii) 2.223 hectares in S.No. 988/2 (concerning to W.P. No. 10996/2021) and (iii) 2.356 hectares in S.No. 60/P, 101/1P, 102/P (concerning to W.P. No. 11006/2021) of R.L. Puram Village of Chimakurthy Mandal, Prakasam District. All the leases are for 20 years and last till 2028-32. In all the three writ petitions, the petitioner challenges the show cause notice, consequential demand notice and quarry lease determination order passed by the 2nd respondent/Director of Mines & Geology.
2. The petitioner's case succinctly is thus:
Point of law: Rule 12 (5) (b) of APMMC Rules, 1966 provides relaxation to the authorities to consider applications on the priority basis, by recording any special reasons
For the purpose of Rule 35-A, if the Government feels that the orders passed by the Assistant Director of Mines and Geology, on 16.10.2018 were not in accordance with the provisions of the Act, the D....
The judgment establishes the principle that the observance of natural justice, including providing an opportunity to be heard and access to relevant documents, is essential before taking any adverse ....
The jurisdiction under Article 226 is not available if alternative remedies exist, and exhausting statutory remedies is mandatory before judicial intervention.
Writ petitions can be maintained against show cause notices if they demonstrate pre-determined conclusions by the authority, constituting a legal mala fide exercise of power.
The main legal point established in the judgment is the importance of observing the principles of natural justice in administrative decisions, and the requirement for authorities to consider relevant....
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