PENNA CEMENT INDUSTRIES LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr V.V.N.K. Sarath Saran, learned counsel appearing on behalf of the petitioner and Mr B.Jithender, learned Central Government Counsel appearing on behalf of respondents.

(2.) This Writ Petition is filed to issue a Writ of Mandamus, declaring that the action of the 3rd respondent in passing the order No. AP/KNL/MP/Lst-146/Hyd, dtd. 1/4/2021 refusing to process mining lease Application submitted by the petitioner company dtd. 15/2/2021 in respect of Kowlapalli limestone mine over an extent of 556.938 Hectares in Sy No 124 and 152 of Kowlapalli Village, Peapully Mandal, Kurnool District, Andhra Pradesh, under Sec. 10 A (2) (b) of the Mines and Minerals (Development and Regulation) Amendment Act 2021 which came into force on 28/3/2021, by misapplication of the said provision as unlawful, arbitrary and violative of Articles 14 and 19(1) (g) of the Indian Constitution and consequently set-aside the same by directing the 3rd respondent to process the application in accordance with law as per MMDR Amendment Act 2015.

(3.) The case of the Petitioner in brief, as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present writ petition is as follows: