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K. MANMADHA RAO
M. Lakshminarayana – Appellant
Versus
State of Andhra Pradesh – Respondent
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 District for a period of 20 years subject to the provisions of Mines and Minerals (Regulation & Development) Act, 1957 and conditions laid down in Form-K prescribed under M.C. Rules, 1960 and additional conditions stipulated to the annexure appended to the grant order. Subsequently on 18.07.2017 the 4th respondent also stated that,
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.
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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