APHC010271492022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3504]

(Special Original Jurisdiction)

TUESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 16040/2022 Between:

1. D INESH GRANITES EXPORTS,, HAVING ITS REGISTERED OFFICE AT 3-A, SIVA SAI SANIDHI, PLOT NO.32, OPP SRI SAI BABA TEMPLE, HINGI NAGAR, PANJAGUTTA, HYDERABAD. REP. BY ITS AUTHORIZED SIGNATORY, SRI.J.RAMESH REDDY, S/O. J. RAJA REDDY, AGED ABOUT 58 YEARS, OCC BUSINESS, R/O.

HYDERABAD. ...PETITIONER AND

1. S TATE OF ANDHRA PRADESH, MINES AND INDUSTRIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY.

2. T HE DIRECTOR OF MINES AND GEOLOGY, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT.

3. T HE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, GOVERNMENT OF ANDHRA PRADESH, TEKKALI, SRIKAKULAM DISTRICT.

4. A P POLLUTION CONTROL BOARD, VIJAYAWADA, KRISHNA DISTRICT, REP. BY ITS MEMBER SECRETARY ...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the 2^nd and 3^rd respondents in blocking the lease ID 0121030116 in E-Permit System of www.minesap.gov.in Portal for the quarry lease for colour granite of the petitioner over an extent of 5 hectors in Sy.No.01 of Addukonda Village, Tekkali Mandal, Srikakulam District even though the lease area is 5 hectors and EC is not applicable as illegal, arbitrary and consequently direct the 2^nd and 3^rd respondents to unblock the lease ID of the petitioner and pass IA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 2^nd respondent to unblock the lease ID 0121030116 in E-Permit System of www.minesap.gov.in Portal for the quarry lease for colour granite of the petitioner over an extent of 5 hectors in Sy.No.01 of Addukonda Village, Tekkali Mandal, Srikakulam District, pending disposal of the WP and pass IA NO: 2 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 2^nd and 3^rd respondents to issue transport permits to the petitioner in respect of the colour granite excavated by the petitioner in Sy.No.01 of Addukonda Village, Tekkali Mandal, Srikakulam District forthwith without insisting for Environmental Clearance and CFO, pending disposal of the writ petition.

IA NO: 3 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to permit the petitioner to implead the AP Pollution Control Board, Vijayawada, Krishna District, Rep. by its Member Secretary as 4^th respondent and pass Counsel for the Petitioner:

1. OMR LAW FIRM Counsel for the Respondent(S):

1. GP FOR MINES AND GEOLOGY

2. V SURENDRA REDDY (SC FOR PCB)

The Court made the following:

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 16040/2022

ORDER:

This Writ Petition under Article 226 of the Constitution of India is filed for the following relief:

“…to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the 2^nd and 3^rd respondents in blocking the lease ID 0121030116 in E-Permit System of www.minesap.gov.in Portal for the quarry lease for colour granite of the petitioner over an extent of 5 hectors in Sy.No.01 of Addukonda Village, Tekkali Mandal, Srikakulam District even though the lease area is 5 hectors and EC is not applicable as illegal, arbitrary and consequently direct the 2nd and 3rd respondents to unblock the lease ID of the petitioner and pass..”

2. Heard Sri S. Noor Mohammad, learned couns