HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.22597 of 2025

ORDER

Heard leaned counsel for the petitioner and Sri.K.Gautham Reddy, learned Assistant Government Pleader for Mines and Geology appearing for respondent Nos.1 to 3 and learned Assistant Government Pleader for Revenue appearing for respondent No.4. With their consent, this writ petition is taken up for disposal at the stage of admission itself.

2. This writ petition is filed seeking the following prayer:-

“to declare the action of the respondents 2 & 3 in not considering petitioner quarry lease application dt 13.07.2018 for Rough Stone & Road Metal, in Sy No.384 of Cinthalapally Village, Miryalaguda Mandal, Nalgonda District, though NOC issued by the 4th respondent vide Lr No.B/6395/2018 dt 10.10.2018 as illegal, arbitrary, violation of principles of natural law & justice and fundamental rights guaranteed under the Constitution and contrary to The Telangana State Minor Mineral Concession Rules 1966 and consequently direct the respondents 2 & 3 to grant quarry lease permission to the petitioner by considering the application dt 13.07.2018 in the interest of justice.”

3. Today when the matter has been taken up for hearing, learned Assistant Government Pleader appearing for respondent Nos.1 to 3 placed on record instruction issued by respondent No.3, wherein it is stated that on petitioner’s application dated 13.07.2018, respondent No.4 was requested to furnish No Objection Certificate (NOC) within 30 days. Thereafter, a letter dated 12.08.2018, was issued to the petitioner intimating the dates (i.e., 07.01.2019, 26.02.2019, 03.01.2020 and 17.02.2020) for survey and inspection. However, the said survey and inspection could not be conducted, as the petitioner failed to attend the same. It is further stated that the Government vide G.O.Ms.No.26, Industries & Commerce (Mines-I) Department, dated 31.03.2022, has amended the Rules for grant of Quarry Lease and as per which “All applications for minor minerals received prior to date of commencement of these amendments to Telangana Minor Mineral Concession Rules 1966, shall become ineligible.”

4. Learned Assistant Government Pleader for Mines and Geology has drawn attention of this Court to G.O.Ms.No.26 dated 31.03.2022, wherein it is specified that ‘to grant the leases for minor minerals except ordinary sand and areas reserved under Rule 9-A through auction except otherwise provided by amending Rule 4, 7, 12 and 13 of Telangana Minor Mineral Concession Rule, 1966. Further all pending applications shall also stand cancelled’.

5. Learned Assistant Government Pleader submits that in view of the G.O.Ms.No.26 dated 31.03.2022, the respondent authorities are taking steps to issue public auction and further submits that the prayer sought in the writ petition could not be granted.

6. At this stage, learned counsel for the petitioner pray this Court to grant liberty to petitioner to participate in the public auction.

7. Recording the above submissions and since the respondent authorities in terms of G.O.Ms.No.26 dated 31.03.2022, are taking steps to issue public auction, this Court deems it appropriate to dispose of the writ petition with a liberty to petitioner to participate in the said public auction. It is made clear that this Court has not expressed any opinion on the merits of the case and if the petitioner is found eligible, it is for the respondent authorities to pass appropriate orders in accordance with law.

8. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.

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N.V.SHRAVAN KUMAR,J

01.08.2025

SU