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K. MANMADHA RAO
M. Lakshminarayana – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioner challenges cancellation of lease. (Para 1 , 2) |
| 2. interim directions allow operations pending lease status. (Para 3) |
| 3. arguments regarding lease violations presented. (Para 4 , 6 , 7) |
| 4. court considers interim orders and lease expiration. (Para 5 , 8 , 9) |
| 5. writ petition dismissed with no costs. (Para 10) |
JUDGMENT :
1. This writ petition is filed under Article 226 of the Constitution of India for the following relief :
2. The grievance of the petitioner is that, by Proceedings No.429/M1/2000, dated 27.01.2001 the 4th respondent issued granting of first renewal of mining lease for Quartz over an extent of Acs.15.00 cents in Sy.No.1/8 of Relli Village, Kothavalasa Mandal, Vizianagaram
Cancellation of mining lease without notice violates principles of natural justice; the court will not intervene when administrative processes are pending.
The cancellation of the mining lease was found to be in accordance with the statutory provision of Rule 25(5) of the Orissa Minor Mineral Concession Rules, 2004.
Power under the sub-rule (3) of Rule 6 of said Rules of 1994 can be exercised when a lessee commits breach of the said Rules of 1994 or of the terms and conditions incorporated in the quarrying lease
The court established that mining leases cannot be granted without determining compensation and considering the rights of existing cultivators.
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