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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DR. JUSTICE K. MANMADHA RAO, J
Bathina Narasimha Rao, Died – Appellant
Versus
Govt. Of A P – Respondent
ORDER :
K. Manmadha Rao, J.
This writ petition is filed under Article 226 of the constitution of India for the following relief:
“…..to issue Writ order direction more in the nature of Mandamus declaring the impugned proceedings in Rc No E1/1693/2011 dt 25.09.2014 issued by the 3rd Respondent and the consequential memo No 11198/R22/2014 dt 13.10.2014 of the 2nd Respondent, as illegal, arbitrary, violative of the principles of natural justice and without jurisdiction and consequently set aside those impugned proceedings of the 2nd and 3rd Respondents and pass such other order/orders as this Honble Court deemed fit and proper circumstances of the present case….”
2. Brief facts of the case are that the R.L.Puram is a Sothriyam Inam Village. One, Telikepalli Tirupathaiah was the primo-genitor. He had two sons by name, Krishnaiah and Purushotham. Krishnaiah had two sons by name Ramakrishnaiah and Mallaiah, who was adopted by Purushotham, who had no issues. Thus, the family came to be known as Ramakrishnaiah branch and Mallaiah branch. Ramakrishnaiah had four sons and one of the sons is Gopala Krishnaiah whose son is Ramakrishnaiah is the husband of Smt. Arundhathamma. There was a partition
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.
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....
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.
The judgment emphasizes the importance of adhering to principles of natural justice and providing a reasonable opportunity for the parties to present their case.
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.
The District Task Force Committee lacks jurisdiction to cancel a quarrying license; only designated competent authorities may do so after due process.
It is a well settled principle that once a final order is passed, all earlier interim orders merge into final order, and interim orders cease to exist.
Point of law: while passing the impugned orders, the authorities by taking all the relevant facts, passed the present impugned orders, and as per the rules, more specifically as per Rule 35(b) M.C. R....
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