IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K.MANMADHA RAO
Sree Kalyana Rama Company – Appellant
Versus
State of Andhra Pradesh – Respondent
1. This writ petition is filed under Article 226 of the Constitution of India for the following relief:
“……to issue a Writ of Mandamus declaring the proceedings No 12697/D8/2017 dated 31.12.2020 issued by the Respondent No 2 to the extent of renewing the quarry lease of the petitioner for a period of 10 years only as against in principle grant of renewal of 20 yrs vide proceedings 12697/R31/2017 dated 10.05.2017, as illegal and arbitrary and provisions of APMMC Rules 1966 r/w Art 14 of the Constitution of India and consequently direct the Respondents to renew lease for period of 20 yrs as mentioned in proceedings 12697/R31/2017, dated 10.05.2017 of Respondent No 2 and pass….”
2. Brief facts of the case are that, initially, the petitioner company was granted mining lease for Mica in the year 1959 in respect of an extent of Ac.362.07 cents in survey Nos. 65, 66, 68 and 71 of Kalichedu village, Rapur taluk, Nellore district, and subsequently the lease was transferred in favour of the petitioner in the year 1961 vide G.O.Ms.No.1467. The lease period was renewed for a period of 20 years vide G.O.Ms.No.142 in the year 1976 and a part of the leased area was transferred to another com
V.U.S.B. Bhushan Kumar v. State of Andhra Pradesh and others
A Letter of Intent constitutes a binding contract, and subsequent amendments to renewal rules do not retroactively affect rights accrued prior to the amendment.
Once the terms and conditions of a lease are accepted, the party cannot challenge them. The application of statutory provisions, such as Rule 9(1) of the JMMC Rules, must be adhered to in determining....
Legislative amendments are generally prospective unless explicitly stated otherwise, and the executive cannot alter legislative provisions without proper authority.
Only existing quarry leases prior to the commencement of the Gujarat Minor Mineral Concession Rules, 2017 are eligible for extension under the specified provisions.
The court affirmed the authority's discretionary power to deny renewal of a mining lease based on lessee's violations under the Granite Conservation and Development Rules, emphasizing lawful discreti....
Only existing quarry leases granted before the Gujarat Minor Mineral Concession Rules, 2017, can be extended under Rule 12, affecting the petitioner's claim.
Administrative authority must follow procedural fairness and apply statutory rules accurately when determining license renewals.
Only quarry leases granted or renewed before the commencement of the Gujarat Minor Minerals Concession Rules, 2017 are eligible for extension under Rule 12.
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 State Government's order revising the commencement date of renewal of the mining lease was illegal, absurd, and a colourable exercise of power by the State violating the Petitioners' rights under....
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