THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR W.P. No.20709 of 2025

ORDER

Heard the learned counsel for the parties and with their consent this writ petition is disposed of at the admission stage itself.

2. This writ petition is filed questioning the action of 1^st respondent in not passing orders for granting quarry lease in over an extent of 3.19 Hects. in Sy.No.237, Chinthalatana Village, Thangallapalli Mandal, Rajanna Sircilla District (hereinafter referred as ‘subject property’) Quarry Lease Pursuant to the Proceedings forwarded by the Assistant Director of Mines and Geology in Lr.No.2307937/R1-3/2023, dated 22.07.2024 in terms of orders passed by this Court in W.P.No.7697 of 2019 dated 26.06.2023 as arbitrary, illegal, unjust and unconstitutional, in violation of principles of natural justice, Mines and Minerals (Development & Regulation) Act, 1957 and Telangana State Minor Mineral Concession Rules 1966.

3. The facts in brief as stated are that, the petitioner submitted application to the Assistant Director of Mines and Geology/respondent No.4 for grant of quarry lease for building stone and road material in the subject property as contemplated under TSMMC Rules, 1966. The Thahsildar, Konaraopet surveyed and inspected the area along with Mandal Surveyor and submitted availability and classification report dated 07.09.2016 vide proceedings No.B/4368/2016. On receipt of the No Objection Certificate, Deputy Director of Mines and Geology has passed orders in Notice No.1972/Q.3/2015-2 dated 31.12.2016 proposing to grant quarry lease. Thereafter, Environmental Clearance was granted by SEIAA in Order No.SEIAA/TS/OL/SRSL-04/2017- 2530, dated 15.11.2017. Later petitioner submitted quarry plan, and was scrutinized and approved by the Deputy Director of Mines and Geology. Subsequent, to the issuance of Environmental Clearance, the Telangana State Pollution Control Board had also given its consent order for establishment vide proceedings dated 28.02.2018 followed by Consent for Operation in Order No.981-RGM/TSPCB/ZO- HYD/CFO/2018-2862 followed upto 31.01.2019 and the same was renewed in order dated 26.02.2019. It is further submitted that on submission of the above document, the Deputy Director of Mines and Geology vide order dated 28.07.2018 granted quarry lease for a period of 15 years. Thereafter, Assistant Director of Mines and Geology has entered into lease deed on behalf of the State and issued work orders vide proceedings dated 24.09.2018 for a period of 20 years from 24.09.2018 to 23.09.2038. The petitioner commenced the quarry, and the Forest Department interfered for raising of pillars around the quarry lease area. Thereafter petitioner filed W.P.No.7697 of 2019 which was disposed of by this Court vide order dated 26.06.2023 with a direction to respondent Nos.3 and 6 to identify alternate mineral bearing Government land of 3.19 hectares and hand over the same to the petitioner after following the due process of law. On receipt of order of this Court dated 26.06.2023, the District Collector vide order dated 11.07.2023 directed the Thahsildar to identity Government Land for grant of alternate quarry lease and in terms of the judgment, proceedings were also issued on 12.07.2023 to the Assistant Director of Mines and Geology to identify suitable mines bearing Government Land for grant of quarry leases. Thereafter, Thahsildar vide proceedings dated 23.09.2023 issued No Objection Certificate in terms of G.O.Ms.No.4, Revenue (Assn.I) Department, dated 19.01.2015 for grant of quarry lease in Sy.No.237 over the subject land and a panchanama was conducted on 25.08.2023, and informed the Assistant Director of Mines and Geology that No Objection Certificate is issued vide proceedings dated 23.09.2023 and the possession is handed over and Thahsildar by notification dated 13.09.2023 has also notified for granting quarry lease, called for objections if any. Thereafter, no objections have been received. Thereafter, the District Collector by