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N. NAGARESH
J & S Granites Company – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
When a Partnership Firm has submitted application for Mining Lease, whether the competent authority to process the application can refuse to do so on the ground that the Explosives Licence produced in support of the Quarrying Lease has been issued in the name of one of the Partners of the Firm and not in the name of the Firm. This is the common question arising in these three writ petitions filed by three different Partnership Firms.
2. W.P.(C) No.32433 of 2022 has been filed by a Partnership Firm represented by its Managing Partner Sri.K.Sadanandan. The petitioner-Firm was issued with a Letter of Intent in the name of the Firm for starting a Quarry.
The petitioner has obtained all requisite statutory Licences, Permits and Consent so as to make the petitioner eligible for Quarrying Lease. Ext.P3 Explosives Licence under the Explosives Rules has been issued in the name of “Shri. K.Sadanandan”. By Ext.P4 letter, the Director, Mining and Geology has informed the Geologist that as and when an Explosives Licence issued in the name of the Partnership Firm is produced, the application for Mining Lease would be processed.
3. More or less similar are the facts in W.P.(C) Nos.34797 an
A partnership firm is not a separate legal entity, and its managing partner represents all partners' interests.
The main legal point established in the judgment is that the entitlement to mining lease and the transfer of prospecting license must comply with the requirements of the Mineral Concession Rules, 196....
A project proponent must obtain an explosives licence in their own name to qualify for a quarrying permit, as using another's licence is not permissible under mining regulations.
IN THE HIGH COURT OF ANDHRA PRADESHU.DURGA PRASAD RAO, J.Sri Anjaneya Mining Company - PetitionerVs.The State of Andhra Pradesh - RespondentWrit Petition No.18745 of 2019Decided On : 08-02-2022
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 petitioner's obligation to disclose all material facts when approaching the court under Article 226 of the Constitution of India, as the suppression of material facts may lead to the dismissal of....
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