THE HON’BLE SRI JUSTICE N.V.SHRAVAN KUMAR

Writ Petition No.27929 of 2025

This writ petition is filed seeking the following prayer:

“…declaring the action of the Respondents

in not considering the quarry lease application dt.18.03.02020 filed by the petitioner herein over an extent of 4-80 hectares in Sy.No.255 of Bommanpad Village, Narayanpet Mandal and District is wholly illegal, arbitrary and violative of Articles 14 and 19 of the Constitution of India and consequently declare that the Petitioner is entitled for consideration of his quarry lease application dt.18.03.2020 for grant of quarry

lease…”

2. Heard learned counsel for the petitioner and

learned Assistant Government Pleader for Industries appearing on behalf of respondents. With their consent,

this writ petition is taken up for disposal.

3. The facts of the case in brief as stated are that on

18.03.2020, the petitioner submitted a lease application for Stone and Metal with an extent of 4-80 hectares in Sy.No.255 of Bommanapad Village, Narayanpet Mandal

and District. On receipt of the said application, the Assistant Director of Mines and Geology, Narayanpet referred petitioner’s application to the Tahsildar, Narayanpet Mandal requesting to furnish report along with sketch of the demarcated area on the classification and availability of land vide his letter dated 19.03.2020. The Tahsildar, after enquiry submitted his report through Lr.No.B/884/2020 dated 01.07.2020 holding that the said area is Government land and there is no habitation within 2 KMs from main road and as such submitted his No Objection to accord permission for grant of quarry lease. However, the Assistant Director has not proceeded with the quarry application of the petitioner. Accordingly, petitioner personally approached respondent authorities requesting them to complete survey and demarcation. After repeated persuasions and requests, the Assistant Director of Mines and Geology completed survey of subject land of petitioner, however, grant of quarry license to the petitioner was held up without any valid reason. In the meantime, the Government through G.O.Ms.No.26 Industries and Commerce Department dated 31.03.2022 amended the Telangana Minor Mineral Concession Rules, 1966. As per the amended Rule 12 sub-rule (1) is as follows:

“The Minor Mineral Concession except ordinary sand and areas reserved under Rule 9- A shall be granted through auction. The procedure for grant of Minor Mineral Concession in Government lands through auction and the procedure for grant of Minor Mineral Concessions in patta lands shall be prescribed by the State Government. All applications for minor minerals received prior to the date of commencement of these amendments to Telangana Minor Mineral Concessions Rules, 1966, shall become ineligible.”

4. It is submitted that the said order will come into effect from 01.04.2022 onwards. The main grievance of the petitioner is that though it is specifically stated that the amended rule is applicable from 01.04.2022, however the respondent authorities did not process the quarry application of the petitioner dated 18.03.2020. In that regard, petitioner made a representation on 06.06.2023 to the respondent authorities and requested to grant quarry lease license at the earliest. Since, no action is forthcoming till date, the present writ petition is filed.

5. Learned Assistant Government Pleader for Mines and Geology placed a copy of instructions issued by Assistant Director of Mines and Geology and while reiterating the facts of the case would submit that petitioner has become ineligible for grant of quarry lease as per G.O.Ms.No.26 dated 31.03.2022.

6. However, the instructions of the Assistant Director of Mines and Geology is silent as to how the petitioner is ineligible for grant of quarry lease, when the Tahsildar, Narayanpet Mandal has given No Objection for grant of quarry lease on 01.07.2020 and when the petitioner’s application is dated 18.03.2020.

7. Learned Assistant Government Pleader subm