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2025 Supreme(Online)(Tel) 71794

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
C. Abhiram Rao – Appellant
Versus
The State of Telangana – Respondent
WP 20617/2025



THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR W.P. No.20617 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 1st respondent in not passing orders for granting quarry lease in over an extent of 14.50 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.7693 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 applicant for grant of quarry lease for building stone and road material in the subject property to the Assistant Director of Mines and Geology/respondent No.4 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.2/2015 dated 22.11.2016 proposing to grant quarry lease. Thereafter, Environmental Clearance was granted by SEIAA in Order No.SEIAA/TS/OL/SRSL-02/2017-389, dated 24.04.2017 and later petitioner submitted quarry plan, the same was scrutinized and approved by the Deputy Director of Mines and Geology. Subsequent, to the issuance of Evironmental Clearnace, the Telangana State Pollution Control Board also has given its consent order for establishment vide proceedings dated 30.06.2017 followed by Consent for Operation in Order dated 24.07.2017 followed upto 31.05.2018 and the same was renewed in order dated 25.02.2019. It is further submitted that on submission of the above document, the Deputy Director of Mines and Geology vide order dated 30.10.2017 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 has issued work orders vide proceedings dated 08.01.2018 for a period of 15 years from 08.01.2018 to 07.01.2033. It is further submitted that the petitioner has commenced the quarry, and the Forest Department interfered for raising of pillars around the quarry lease area. Thereafter petitioner filed W.P.No.7693 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 14.50 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 dated 12.07.2023 to the Assistant Director of Mines and Geology to identify suitable mines bearing Government Land for grant of quarry leases in terms of the judgment dated 26.06.2023. Thereafter, Thahsildar vide proceedings dated 18.08.2023 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 18.08.2023 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 object

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