A P SMALL SCALE GRANITE INDUSTRIES ASSOCIATION Vs. GOVERNMENT OF ANDHRA PRADESH INDUSTRIES AND COMMERECE MINES

JUDGEMENT

(1.) Whether the action of the Andhra Pradesh Mineral Development Corporation (for short "APMDC") in demanding and/or collecting Mineral Franchise Fee (MFF) from the petitioners herein for the extraction of Black Galaxy Granite from the lands leased out to them or proposed to be leased out in Chimakurthy Mandal in Prakasham district is in accordance with the provisions of Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as "the Act") and Article 265 of the Constitution of India is the question which arises for consideration in these Writ Petitions.

(2.) Having regard to the common questions of fact and law involved, we have heard all the Writ Petitions together and are being disposed of by this Common Judgment.

(3.) The common facts leading to the controversy may briefly be noted from Writ Petition No.11088 of 2002 filed by M/s Midwest Granite Private Limited, Hyderabad.