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2018 Supreme(AP) 113

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
B. SIVA SANKARA RAO, J.
VUSB Bhushan Kumar - Petitioner
Vs.
The State of Andhra Pradesh rep. by its Principal Secretary, Mining Department & others - Respondents
Writ Petition Nos. 4122 & 4246 of 2018
Decided On : 02-04-2018

Advocates:
Advocate Appeared:
For the Petitioner: Sri N. Ashwani Kumar
For the Respondents: learned Government Pleader for Mines & Geology

Headnote:

Mines & Minerals Amendment Act, 2015 - sub-section (2) of Section 10A - Section 10 to 16 - Income Tax Act, 1961 - Section 113 - Companies Act, 2013 - Section 2 - Amendment Act, 2015 - Sections 3, 4, 4A, 5, 6, 13, 15, 21 - 8A, 9B, 9C, 10A, 10C, 11B, 11C, 12A, 15A, 17A, 20A, 30B, 30C - Director of Mines & Geology - Mandamus declaring amendment - Petitioner by name VUSB Bhushan Kumar has maintained two writ petitions against three Respondents by name State of represented by its Principal Secretary, Mining Department, Velagapudi, Director of Mines & Geology, and Assistant Director, Mines & Geology, State- Prayers in the Writ Petitions, filed are self-same and consequently impugning different letters bearing of even in respect of extent of hectares reduced area in each – Held, Minor Mineral Concession Rules, 1966 vide G.O.Ms. Industries & Commerce Department, issued by respondent will no way effect said letters of intent for proposed mining lease issued to petitioner by respondents and thus Memo Industries & Commerce Department as contrary to law and without jurisdiction and accordingly set aside same to grant lease respectively to petitioner as per letters of intent pursuant to Section 10A(2)(c) of amended Act- No order as to costs - Miscellaneous petitions pending, if any, shall stand closed

ORDER :

The self-same petitioner by name VUSB Bhushan Kumar has maintained the two writ petitions against three Respondents by name (1) State of Andhra Pradesh, represented by its Principal Secretary, Mining Department, Velagapudi, (2) the Director of Mines & Geology, and (3) the Assistant Director, Mines & Geology, Kurnool, Andhra Pradesh State. The prayers in the Writ Petitions, filed on 06.02.2018 & 07.02.2018, are self-same and consequently impugning the different letters bearing Nos.27495/R4-2/2010 and 25636/R4- 2/2010 of even date 02.02.2018 in respect of the extent of 50.000 hectares reduced area in each out of 108.232 hectares and 121.157 hectares respectively and for more clarity reproduced as under:

1.(a). W.P.No.4122 of 2018

“To issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the amendment made to clause (f) of Sub-rule (5) of Rule 12 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 vide G.O.Ms.No.29, Industries & Commerce (Mines-II) Department, dated 15.02.2017, issued by respondent No.1 is only prospective and will not affect the letters of intent or the proposed mining lease issued to the petitioner vide Memo No.14636/M.1(1)/2012, Industries & Commerce (Mines-I) Department dated 17.10.2012 and as also vide Memo No.14636/M.II(1)/2012, Industries & Commerce (Mines-II) Department dated 24.03.2016 as illegal, arbitrary, without jurisdiction, and in violation of the dicta laid by this Court in W.P.No.40130 of 2017, and in violation of the provisions of A.P.M.M.C. Act and Rules and consequently declare the letter No.27495/R4-2/2010 dated 02.02.2018 issued by respondent No.2 – Director of Mines & Geology in the name of respondent No.1 requesting the petitioner to give consent for a reduced area of 50.000 hectares as against the applied extent of 108.232 hectares, in terms of the amended Rule 12(5)(f) of the Andhra Pradesh Minor Mineral Concession Rules, 1966 as illegal, arbitrary, without jurisdiction, and in violation of the dicta laid by this Court in W.P.No.40130 of 2017 and consequently set aside the same and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

1.(b). W.P.No.4246 of 2018

“To issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the amendment made to clause (f) of Sub-rule (5) of Rule 12 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 vide G.O.Ms.No.29, Industries & Commerce (Mines-II) Department, dated 15.02.2017, issued by respondent No.1 is only prospective and will not affect the letters of intent or the proposed mining lease issued to the petitioner vide Memo No.15325/M.1(1)/2012, Industries & Commerce (Mines-I) Department dated 17.10.2012 and as also vide Memo No.14325/M.II(1)/2012, Industries & Commerce (Mines-II) Department dated 24.03.2016 as illegal, arbitrary, without jurisdiction, and in violation of the dicta laid by this Court in W.P.No.40130 of 2017 and in violation of the provisions of A.P.M.M.C. Act and Rules and consequently declare the letter No.25636/R4-2/2010 dated 02.02.2018 issued by respondent No.2 – Director of Mines & Geology in the name of respondent No.1 requesting the petitioner to give consent for a reduced area of 50.000 hectares as against the applied extent of 121.157 hectares, in terms of the amended Rule 12(5)(f) of the Andhra Pradesh Minor Mineral Concession Rules, 1966 as illegal, arbitrary, without jurisdiction, and in violation of the dicta laid by this Court in W.P.No.40130 of 2017 and consequently set aside the same and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. The self-same affidavit averments, but for variation to the extent of description of the letters for the respective extents, in nutshell, vis-à-vis the oral submissions by the Counsel for Petitioner in both the matters are that:

2(a). The petitioner-Bhushan Kumar
























































































































































































































































































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