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2024 DIGILAW 1598 (AP)

M. Lakshminarayana v. State of Andhra Pradesh

2024-12-20

K.MANMADHA RAO

body2024
JUDGMENT : 1. This writ petition is filed under Article 226 of the Constitution of India for the following relief : "....to issue an order or direction more in the nature of writ of mandamus declaring the action of the 4th respondent in cancelling the Quarry lease of an extent of Acs.15.00 cents situated in Sy.No.1/8 of Relli Village, Kothavalasa Mandal, Vizianagaram District, without notice is illegal, arbitrary, unconstitutional and Violation of Principles of Natural Justice and consequently direct the 4th respondent to follow due process of Law before initiating any action and to pass..." 2. The grievance of the petitioner is that, by Proceedings No.429/M1/2000, dated 27.01.2001 the 4th respondent issued granting of first renewal of mining lease for Quartz over an extent of Acs.15.00 cents in Sy.No.1/8 of Relli Village, Kothavalasa Mandal, Vizianagaram District for a period of 20 years subject to the provisions of Mines and Minerals (Regulation & Development) Act, 1957 and conditions laid down in Form-K prescribed under M.C. Rules, 1960 and additional conditions stipulated to the annexure appended to the grant order. Subsequently on 18.07.2017 the 4th respondent also stated that, he has already sent proposals for cancellation of Quarry lease to the District Collector and therefore, the 4th respondent has stated that, he has cancelled the lease without issuing any notice to the petitioner. Questioning the action of the 4th respondent in cancelling the lease without issuing notice to the petitioner and violating principles of natural justice, the present writ petition has been filed. 3. This Court vide order dated 14.09.2017, while issuing Rule Nisi, has granted interim direction in WPMP No.38852 of 2017, reads as under : "WVMP No.38852 of 2017 There shall be interim direction as prayed for unless and until the lease of the petitioner is cancelled or modified. It is further made clear that this order will not preclude the respondents from proceeding in accordance with law." 4. The counter-affidavit has been filed by 3rd respondent. While denying all the allegations made in the petition, inter alia, contended that, this respondent has submitted proposals vide Lr.No.429/M1/2000 dated 23.08.2017 to the Director of Mines and Geology, Ibrahimpatnam to cancel the Quarry lease held by Sri M. Lakshminarayana for Quartz over an extent of 15.00 Acres in Sy.No.1/8 of Relli Village, Kot Mandal, Vizianagaram District. While denying all the allegations made in the petition, inter alia, contended that, this respondent has submitted proposals vide Lr.No.429/M1/2000 dated 23.08.2017 to the Director of Mines and Geology, Ibrahimpatnam to cancel the Quarry lease held by Sri M. Lakshminarayana for Quartz over an extent of 15.00 Acres in Sy.No.1/8 of Relli Village, Kot Mandal, Vizianagaram District. Regarding construction, it was recommended by the Tahsildar, Kothavalasa in view of establishment of Tribal University; also the lessee violated certain breaches as mentioned above and also subject to satisfaction of A.P.M.M.C. Rules, 1966. Geology, Ibrahimpatnam. The orders are awaited from the Director of Mines and Geology. It is stated that, the petitioner has been granted 1st renewal of Mining Lease for Quartz over an extent of 15.00 Acres in Sy.No.1/8 of Relli Village, Kothavalasa Mandal, Vizianagaram District for a further period of 20 years vide G.O. Ms. No.425, dated 03.08.2000. The 1st renewal lease deed was executed by the Assistant Director of Mines and Geology, Vizianagaram on 27.01.2001 for a further period of 20 years w.e.f. 12.02.2001 to 11.02.2021 and issued work orders vide Proceedings No.429/M1/2000, dated 27.01.2001. The lease will be in force upto 11.02.2021, but since 12.07.2012 the petitioner is not taking dispatch permits which indicate that there is no mining operations in the subject lands as there are no environmental clearances. Accordingly action was initiated for violation of various rules liable for conciliation of lease. In addition to the above, The Tahsildar, Kothavalasa vide Roc.No.396/2016/SA, dated 12.07.2017 has informed that vide Rc.No.1075/2014/E1, dated 31.07.2017 the District Collector, Vizianagaram has requested to submit full shape alienation proposals admeasuring an extent of Acs.526.24 cents in Sy.No.1/8 of Relli Village, Kothavalasa Mandal for establishment of Tribal University, which is a public purpose against private interest. State has responsibility to take welfare measures for uplift event of Tribal Community. Further, the Tahsildar, Kothavalasa informed that in field inspection by the Revenue Authorities, it was noticed that mining operations for Quartz are going on in Sy.No.1/8 of Relli Village, on enquiry it was revealed that the Government have sanctioned Quartz mining operations over an extent of 15.00 Acres and the lease was also executed by the Asst. Director of Mines and Geology, Vizianagaram for a period of 20 years from 12.02.2001 to 11.02.2021. Director of Mines and Geology, Vizianagaram for a period of 20 years from 12.02.2001 to 11.02.2021. Further, informed that the mining lease area sanctioned in Sy.No.1/8 of Relli Village in favour of Sri M. Lakshminarayana is existing within the proposed area for establishment of Tribal University. Hence, submission of full shape alienation proposals to the over rent for establishment of Tribal University is not possible without cancellation of the mining lease granted in favour of Sri M. Lakshminarayana. Finally, the Tahsildar, Kothavalasa requested to take necessary action for cancellation of mining lease over an extent of 15.00 Acres in Sy.No.1/8 of Relli Village which was granted in favour of Sri M. Lakshminarayana, so as to enable to submit full shape alienation proposals to the Government. Further, it is to state that, as per this office, the Quarrying/Mining Operations should be undertaken in accordance with the approved mining plan/scheme of mining. In this case the lease holder is not having any approved scheme of mining. Hence it is evident that the mining operations so far conducted are not being carried out in accordance with the approved scheme of mining. Basing on the above violations, this office has submitted proposals vide Lr.No.429/M1/2000, dated 23.08.2017 to the Director of Mines and Geology, Ibrahimpatnam to cancel the Quarry Lease held by Sri M. Lakshminarayana for Quartz over an extent of 15.00 Acres in Sy.No.1/8 of Relli Village, Kothavalasa Mandal, Vizianagaram as recommended by the Tahsildar, Kothavalasa in view of establishment of Tribal University; In view of the facts and circumstances, it is therefore prayed to dismiss the present writ petition as there are no merits in the present case. 5. Heard Sri K. Sai Rama Murthy, learned Counsel appearing for the petitioner and learned Government Pleader for Mines and Geology appearing for the respondents. 6. On hearing learned Counsel for the petitioner while reiterating the averments made in the petition submitted that the petitioner was granted lease by the 2nd respondent in the year 2000 and since then he has been in possession of the said land by doing mining lease and the said lease was given for 20 years i.e., w.e.f. 12.02.2001. He submits that, in pursuance of the above, the 3rd respondent has accorded sanction to continue mining operations for further period of 20 years from 12.02.2001 to 11.02.2021. He submits that, in pursuance of the above, the 3rd respondent has accorded sanction to continue mining operations for further period of 20 years from 12.02.2001 to 11.02.2021. Having extended the said lease, the action of the 4th respondent in cancelling the lease is illegal and arbitrary. Therefore, learned Counsel for the petitioner requests this Court to pass appropriate orders. 7. Per contra, learned Government Pleader appearing for the respondents while reiterating the averments made in the counter-affidavit, submitted that the lessee has not obtained dispatch permits since 12.07.2012 which attracts violation of Rule 17(2) of A.P.M.M.C. Rules, 1966. He submits that the lessee has not revised the Mining scheme review for five years which is breach under Rule 18 of GCD Rules, 1999. He further submits that the Quarrying/Mining operations should be undertaken in accordance with the approved mining plan/scheme of mining. But in this case, the lease holder is not having any approved scheme of mining. Hence, it is evident that the mining operations so far conducted are not being carried out in accordance with approved scheme of mining. Learned Government Pleader mainly contended that the 3rd respondent has submitted proposals dated 23.08.2017 to the Director of Mines and Geology, Ibrahimpatnam to cancel the Quarry Lease held by Sri M. Lakshminarayana for Quartz over an extent of 15.00 Acres in Sy.No.1/8 of Relli Village, Kothavalasa Mandal, Vizianagaram as recommended by the Tahsildar, Kothavalasa in view of establishment of Tribal University and the orders are awaited from the Director of Mines and Geology, Ibrahimpatnam. 8. Having regard to the facts and circumstances of the case, it is observed that, there is an interim direction of this Court that the respondents are directed not to interfere with the mining operations of Mining lease of an extent of Acs.15.00 cents situated in Sy.No.1/8 of Relli Village, Kothavalasa Mandal, Vizianagaram District, unless and until the lease of the petitioner is cancelled or modified. Therefore, in view of the interim order of this Court, the petitioner is continuing his operations. Further, as stated in the counter-affidavit of the 3rd respondent, proposals have been sent to the Director of Mines and Geology, Ibrahimpatnam to cancel the Quarry Lease held by Sri M. Lakhsminarayana i.e., the petitioner herein for Quartz over the subject land, as recommended by Tahsildar, Kothavalasa and stated that the orders are awaited from the Director of Mines and Geology, Ibrahimpatnam. 9. 9. In view of the above, this Court further observed that the lease period of the petitioner has already been expired in the year 2021 and as stated by the respondents in their counter-affidavit that the orders are awaiting from the Director of Mines and Geology. But, so far, they have not given any instructions whether the orders are received or not. So, this Court is of the opinion that, nothing survives in the present writ petition to decide the matter on merits at this stage and the same is liable to be closed. 10. Accordingly, the writ petition is closed. There shall be no order as to costs. As a sequel, all the pending miscellaneous applications shall stand closed.