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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. MANMADHA RAO
B.A.S.GRanites, Kurnool – Appellant
Versus
Prl Secy I C Minesi Dept Govt Of AP Hyd – Respondent
ORDER :
K. MANMADHA RAO, J.
As the issue involved in all these writ petitions is one and the same, they are being taken up for hearing as well as disposed of by way of this Common Order.
2. WP Nos.30796 and 32242 of 2014 have been filed seeking to quash the Memo No.25528/M.I(1)/2001-2021 dated 27.8.2015 and to set aside the quarry lease granted by the 2nd respondent in favour of M/s Golden Granites (4th respondent in WP No.30796/2014 and 6th respondent in WP No.32252/2014), dated 12.11.2001 vide proceedings No.34354/R3(2)/2001.
3. Whereas, WP No.30172 of 2022 has been filed seeking to declare the action of the 4th respondent -District Collector in issuing Rc No.E1/41/2021, dated 12.10.2021 and consequential order of 2nd respondent- DMG proceedings No.742/D9/2022, dated 17.8.2022 renewing the mining lease in favour of 7th respondent in Sy No.55/6 of R.L Puram village, Chimakurthy Mandal, Praksam district, without verifying the veracity of NOC issued by the MRO and not waiting for report having called for the same on4.8.2022, as illegal and arbitrary.
4. Since the facts in all the writ petitions are similar and identical, therefore WP No.30796 of 2014 is taken as lead case, and the facts
The court ruled that ownership disputes over land must be resolved in civil courts, not through administrative processes, emphasizing the illegality of the quarry lease granted without proper verific....
The court affirmed that the issuance of a No Objection Certificate for quarry lease was valid as the petitioners had no title over the disputed land, emphasizing adherence to established guidelines.
Purpose of NOC is to find out if the Government have any claim over the land over which the lease is sought for or if there are any dues to the Government in respect of the land over which the lease ....
The court ruled that claims over estate lands must be substantiated by evidence of continuous occupation before a specified date, and mining leases granted during disputes are valid.
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
writ petition is not maintainable as an alternative and efficacious relief is available to the petitioner under Rule 35/35-A of the APMMC Rules, 2016.
Point of law: The Director shall reject the application for P.L. or Q.L. in the event of any default on the part of applicant, in attending the inspection and survey or submission of valid mineral re....
The District Task Force Committee lacks jurisdiction to cancel a quarrying license; only designated competent authorities may do so after due process.
Point of Law : Court will not and cannot earn any sympathy or favourable order unless the statement is supported by the sincere, honest and diligent efforts made and manifested before the authority.
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