B. MUTYALU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Sri E.V.S. Ravi Kumar, learned counsel appearing for the petitioners, learned Government Pleader for Mines and Geology, appearing for the respondents 1 to 6 and Sri Vedula Venkata Ramana, senior counsel appearing for the 7th respondent.

(2.) Present Writ Petition is filed declaring the proceedings No.3632/R1-3/2019, dated 12.06.2019 issued by 10th respondent and the consequential proceedings No.246/M/2005, dated 14.06.2019 issued by 6th respondent, according permission to 7th respondent to commence quarry operations in an extent of Ac.4.21 hectare of land in Survey No.1/9, 1/10 and 2 of Thumbarthi Village, Ananthagiri Mandal, Visakhapatnam District till 30.05.2026, without considering the representations of the petitioner, dated 09.08.2019 and 21.01.2020 as illegal and arbitrary and consequently to set aside the proceedings dated 12.06.2019 issued by the 10th respondent and the consequential proceedings, dated 14.06.2019 issued by the 6th respondent in the interest of justice.

(3.) Brief facts of the writ petition are that the petitioner was given an extent of Ac.4.21 hectares (Ac.10.41cents) of land in Survey No.1/9, 1/10 and 2 of Thumbarthi Village, Ananthagiri Mandal, Visakhapatnam District for mining mica and calcite on lease basis for a period of 20 years, vide G.O.Ms No.43, dated 08.02.2006 and the said lease period expires by 30.05.2026. A lease deed was executed in favour of Mutyalu MICA and Calcite Mine in Form-K on 08.02.2006 and accordingly work proposals also submitted for the year end March 2011. Subsequently, the petitioner could not be able to undertaken the mining activity, due to non-availability of labour and other administrative reasons. However, for the period 2016-17, 2020-21 plans were submitted for approval.