MAHARSHI MELTCHEMS PVT LTD Vs. JOINT SECRETARY

JUDGEMENT

(1.) Writ petitioner was a person, who was aggrieved by issue of notice dated 30.10.2009 calling upon the petitioner to stop mining activities in 5 acres of land in Sy. No. 39 of Thippanahalli Village, Madhugiri Taluk, Tumkur District, for the reason that petitioner was not the authorized lessee of the subject land in whose favour the subject land had been leased by the State Government for the purpose of extraction of quartz mineral etc. This notice had been questioned by the writ petitioner by filing a revision petition under Rule 54 of the Mineral Concession Rules 1960.

(2.) However, the Central Government as per the order dated 27.6.2011, copy produced as Annexure A to the writ petition, dismissed the revision petition. It is aggrieved by this order of the Central Government dismissing the revision petition the present writ petition by the recipient of the original notice dated 30.10.2009 seeking the following prayer : -

(3.) Appearing on behalf of the writ petitioner, submission of Sri. L.M. Chidanandayya, learned counsel is that the writ petitioner has sought for transfer of subject lease, which had been originally granted in favour of one Sri T. Sharath Baba, that there are enabling provisions under the Mineral Concession Rules, 1960, to transfer the lease of this nature, and as such the said lessee has transferred the lease to the writ petitioner and it is on the strength of such a transfer, the writ petitioner is carrying on the mining activity and therefore, the notice calling upon the writ petitioner to stop mining activities is not warranted and deserves to be quashed etc.