VENKATESWARA GRANITES Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition has been instituted by M/s. Venkateswara Granites, Hanumakonda, Warangal District, calling in question the validity of the orders passed by the 1st respondent State Government in their memo dated 12-09-2011, granting stay of operation of the orders passed by it earlier in memo dated 24-11-2008, until further orders.

(2.) The case of the petitioner firm is that a quarry lease for the Black Granite Mineral over an extent of 0.496 hectares of land in Survey No.225/120 of Erraballigudem Village, Nellikuduru Mandal, Warangal District, was originally granted in favour of M/s. Blaze Granites (P) Limited, on 12-10-1989, initially for a period of 5 years, which was, subsequently, renewed on 08-09-1995, for a further period of 15 years. Another quarry lease for Black Granite Mineral over an extent of 1.25 acres of land in Survey No.264/1 and Survey No.225/120 of Erraballigudem Village, Nellikuduru Mandal, Warangal District, was granted in favour of M/s. Blaze Granites (P) Limited for a period of 15 years on 15-06-1998. It is not in dispute that land situate in Survey No.264/1 is a private patta land, while land in Survey No.225/120 is government land. M/s. Blaze Granites (P) Limited has transferred the two quarry leases held by them in favour of the petitioner firm herein after obtaining prior approval of the Director of Mines and Geology, on 04-01-2005. Thereafter, the petitioner sought for a renewal of the lease, which was extended for a further period of 20 years and accordingly, the necessary agreement has been entered into by and between the petitioner firm herein and the Assistant Director, Mines and Geology, Warangal District, on 12-05-2010. Thus, the lease over land of an extent of 0.496 hectares in Survey No.225/120 is now extended up to January, 2030. So far as the second lease is concerned, it is valid, as of now, up to June 2013.

(3.) The 2nd respondent firm applied for grant of quarry lease in respect of two hectares of land in Survey No.225/1 on 26-02-2007. However, the survey number was corrected as Survey No.225/120 on 27-04-2007. The petitioner herein also submitted three separate Applications for quarrying Black Granite Mineral on 02-03-2007, 28-04-2007 and 25-04-2007 over one hectare of land each in Survey Nos. 225/120 and 264/1, 225/120 and 225/121 to 225/126 respectively. When the Application of the 2nd respondent filed on 26-02-2007 was not processed, it had filed W.P.No.27931 of 2007. That writ petition was disposed of on 01-04-2008 directing a joint inspection and survey to be conducted. The 2nd respondent also filed another W.P.No.23117 of 2008 seeking directions for disposing of its application. That writ petition was disposed of on 23-10-2008 giving directions to the respondents to dispose of the Application of the 2nd respondent.