M/s. Saleem Metal Industries v. The State of Telangana and 6 others
Court: High Court for State of Telangana
Bench: SHAMEEM AKTHER
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-08. M/s. Saleem Metal Industries v. The State of Telangana and 6 others. Read the judgment and case...
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HON'BLE DR, JUSTICE SHAMEEM AKTHER WRIT PETITION NO: 15402 OF 2020 Between: It/is. SALEEIT/ IVETAL INDUSTRIES, Rep. by its Prop. [\/ohd. Haroon Ansari, S/o Late Mohd Farooq Ansari, Aged 64 Years, Occ. Nill, R/o H. No. 8-1-361/36, Deluxe Colony, Besides Galaxy Theatre, Toli Chowki, Hyderabad -500 00S. ,.. PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Building, Hyderabad, T. S. 2 The Principal Secretary, Industries and Commerce Government of Telangana , Secretariat Building Hyderabad, T. S. 3 Telangana State l\,4ining Development Corporation Ltd. , Rep. by its Vice Chairman cum lt4anigng director Rera Block (HIVWSSB Premises) Khairatabad, Hyderabad,500 004. 4 The Director of lt/ines and Geology, H. No. 5-922, Flat No.
203 and 2O4,2nd Floor, My Home Sarovar Plaza, Adarsh Nagar, Secretariat Road, Hyderabad, 500 063. 5 The Collector, Ranga Reddy Disrtict, Rangareddy, TS. o The Thasildar, Yacharam l\,4andal, Rangareddy District, TS. 7 The Asst. Director of l\/ines and Geology, Department of [\/ines and Geology, Rangareddy District, TS. ,.. RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS directing the Respondents 3, 4, 5, and 7 to handover the physical possession of land to petitioner in Sy. No. 155/1 in Chinnaraviryala village Hayath Nagar Mandal, Rangareddy District, as handed over to petitioner in W. P. No. 31239 of 2012 daled OSl12l2O13 and consequently award damages and cost.
lA NO: 1 OF 2020 Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to initiate contempt proceedings against R-1 to R-7 for the intentional violation of lhe Hon'ble Supreme Court Order passed in Civil Appeal No. 1909-1910/2000, 1911-19121200 and 1913-1914/2000 dated 1211212003 and for illegal demolition of the petitioner stone crushing unit without any notice or information or following the due process of law and award heavy damages and cost for the intenlional prolonged delay and denial of justice inspite of framing Rehabilitation Scheme from 2008.
ll2il lA NO: 2 OF 2O2O Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppod of the petition, the High Court may be pleased to seek a detail report from respondents 1 to 7 for the prolong delay and denial of justice inspite of g framing a rehabilition scheme framed in 2008 in respect of Kokapet rehabilition allottees with in a week. lA NO: 3 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct R-1, R-5 and R-7 to submit a detail report, as to how many stone crushing units were demolished and how many stone crushing units are still working in the mining zone of Kokapet and surrounding a rea s. Counsel for the Petitioner: SRl. MOHAMMED ABDUL QADER Counsel for the Respondent Nos. 1, 5 & 6: AGP FOR REVENUE Counsel for the Respondent No. 2: GP FOR INDUSTRIES & COMMERCE Counsel for the Respondent Nos.
4 & 7: GP FOR MINES AND GEOLOGY Counsel for the Respondent No. 3: GP FOR MINES & GEOLOGY FOR SC FOR TSMDC The Courl made the following: ORDER THE HON'BLE DT, JUSTICE SHAMEEM AKTHER I WRIT PETITION o. 15402 ot 2O2O ORDER ThiS Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, wherein the following prayer is made: ". ,. to issue an appropriate Writ, order or direction more particularly one in the nature of 'WRIT OF MANDAMUS" directing the Respondent Nos. 3,4,5 and 7 to handover the physical possession of land to petitioner in Sy. No. 155/1 in Chinnaraviryala village, Hayath Nagar Mandal, Rangareddy Districtf as handed over to petitioner in W. P. No. 31239 of 2012 dated 05/L2/2OL3 and consequently award damages and cost and pass such other order or orders... " 2, Heard the arguments of learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for respondent Nos.
1, 5 and 6, learned Government Pleader for Industries and Commerce, appearinq for responderrt No. 2, learned Government Pleader for Mlnes and Geology appearing for respondent Nos. 4 and 7 and also representing respondent No. 3- TSMDC and perused the record. 3. The learned counsel for the petitioner would submit that the petitioner was granted quarry lease for Metal and Stone in the land admeasuring Ac. 5. 00 gts in Sy. No. 239 situated at Kokapet Village, Rajendranagar Mandal, Ranga Reddy District, from 30. 12. 1996 to 29. I2. 2016 but the said lease was cancelled in the interest of public vide proceedings No. 317lQ-I(1) 07-1 dated 11. 09,2007, without issuing any notice to the petitioner. Thereafter, the Government allotted the subject land to Hyderabad Urban Development Authority (HUDA) for setting up Special Economic Zone (SEZ) for IT and ITES Industries. On the several representations made by all the effected persons, the Government issued Memo No. 132325lM.
11(1) 2008-1 lndustries and Commerce (1"1-11) Department dated 01. 10. 2008, directing the Director of lYines and Geology, to sublease the Yacharam 14ining Zone lands admeasuring Ac. 662. 16 gts in Sy. Nos. l05, 727, 126, 732 and 200 and also Ac. 137. 00gts in Sy. No. i46 situated at Yacharam Village and Mandal, Ranga Reddy District, to all the effected persons including the petitioner herein. It is submitted that the other displaced person-Shaik Quadeer, filed Writ Petitlon No. 31239 of 2012 before this Court, wherein this Court vide order dated 05. 12. 2013 was pleased to direct the respondents therein to complete all formalities and handover possession of land admeasuring Ac. 7. 20gts in Sy. No. 155/1, situated at Chinnaraviryala Village, Hayathnagar Mandal, Ranga Reddy District, to the petitioner therein within one month from thereon. Relying on the aforesaid order dated 05. 12. 2013, the petitioner herein submitted a representation dated 19,12. 2019 before the respondent No.
4- Director of N4ines and Geology, seeking allotment of alternative land in Sy. No. 155/1 of Chinnaraviryala Village, Bandaraviryala Village, Abdullapurpet Mandal, to him and other Kokapet rehabilitation allottees. Thereafter, the respondent No. 7-Assistant Director of lYines and Geology, Ranga Reddy District, vide letter No. 34B3/M/1998 dated 12. 03. 2020 informed the respondent No. 4 that as per the Government orders, respondent No. 3-TSMDC Ltd, has already allotted quarry leases to the petitioner and others in Yacaharam Village and Mandal, Ranga Reddy District and hence, the respondent No. 3 has to take further action for handing over possession of quarry Iease to the petitioner and others. It is submitted that the respondents are insisting the petitioner to obtain similar order as in W. P. No. 31239 of 2012 and ultimately, prayed to grant the relleF as Indicated above. 4.
On the other hand, learned Government Pleader for Mines and Geology filed counter affidavit oF the respondent No. 3-Telangana State Mining Development Corporation Limited (TSMDC) and submitted that the petitioner being displaced mlner at Kokapet had been identified as the eligible person for grant of sub-lease of 10 hectares of land and the Government issued Memo dated 01. 10. 2008 with certain conditions, which have to be complied by the petitioner and others before execution of sub-lease. As the petitioner did not comply those conditions for grant of sub-lease, the erstwhile APMDC issued Notice dated 26. 05. 2009 vide Ref. No. APMDC/RM/Yacharam/HYT/09/516 to the petitioner requesting to pay the amounts, fai ing whlch, necessary action would be taken including cancellation of sub-1ease. Thereafter, the petitioner submitted explanation on 15. 06. 2009 requesting to extend six months time to pay the amounts. Again, the APN4DC addressed letters dated 22. 07 .
2009 and 27 ,08,2009 to the petitioner requesting him to pay the amounts finally, on or before 09. 09,2009 but till date the petitioner has not complled with those conditions. It is vehemently contended that the petitioner having failed to respond to the letters issued by the erstwhile APMDC, cannot now seek intervention of this Hon'ble Court after a period of more than a decade. It is also contended that the petitioner cannot seek shelter of the order dated 05. 12. 2013 passed by this Court in W. P. No,31239 of 201,2 as he failed to comply the required + formalities for grant of sub-lease and ultimately prayed to dismiss the writ petition. 5. Learned Assistant Government Pleader for Revenue appearing for respondent Nos. 1, 5 and 6 adopted the arguments advanced by the learned Government Pleader for Mines and Geology and submitted that the revenue authorities have nothing to do with the subject land and ultimately prayed to dismiss the writ petition. 6.
The petitioner sought the relief of Writ of Mandamus directing the respondent Nos. 3,4,5 and 7 to handover physical possession of the land to petitioner in Sy. No. 155/1 in Chinnaraviryala village, Hayath Nagar Mandal, Rangareddy District, as handed over to the petitioner in W. P. No. 31239 of 2072 dated 05. 12. 2013, failing which sought damages. 7. As per the material placed on record, the petitioner was granted quarry lease for lYetal and Stone in the land admeasuring Ac. 5. 00 gts in Sy. No,239 situated at Kokapet Village, Rajendranagar Mandal, Ranga Reddy Distrlct, for the period between 30. 12. 1996 to 29. 72. 20L6. The said lease was cancelled in view of public interest vide proceedings No. 317lQ-I(1) 07-1 dated 11. 09. 2007. When a request was made by the petitioner, the Government issued Memo No. 132325/M. 11(1)2008 Industries and Commerce (M-11) Department dated 01. 10. 2008 stating that erstwhile APMDC Ltd.
, allotted 10 hectares of land each to the petitioner and other displaced miners at Kokapet, on certain conditions. The petitioner along with other displaced miners was called upon to comply those conditions. As the petitioner herein, did not comply those conditions for grant of sub-lease, the erstwhile APMDC issued Notice dated 26. 05. 2009 vide Ref. No. APMDC/Rlvl/Yacharam/HYT/09/516 to the petitioner calling upon him to pay the amounts, failing to deposit the amount as called for, it was stated that "necessary action would be taken including cancellation of sub-lease". There is also record to show that the petitioner submitted explanation on 15. 06. 2009 requesting to extend six months time to pay the amounts mentioned in Memo dated 01. 10. 2008. So the APMDC addressed letters dated 22. 07. 2009 and 27. 08. 2009 to the petitioner calllng upon him to pay the amounts on or before 09. 09. 2009. The petitioner had not paid the amounts as called for and complied the conditions.
Having failed to deposit the amounts as called for, the petitioner in this writ petition, sought the relieF as was granted to the petitioner in Writ Petition No. 31239 of 2012 vide order dated 05. 12. 2013. It is pertinent to state that the relief of lease of Metal and Stone quarry, was granted to the petitioner in Writ Petition No. 31239 of 2012 on 05. 12. 2013, The petitioner herein approached this Court after lapse of more than Seven(7) years therefrom. [voreover, he did not avail the opportunity of sub-iease of 1O hectares of land proposed to be granted vide Memo dated 01. 10. 2008 on certain conditions, The petitioner herein cannot be equated with the petitioner in Writ Petition No. 31239 of 2072, He is differently placed, In the last Seven(7) years, so many changes have come up. The circumstances which were prevalent in the year 2013 with regard to availability oF quarry do not exist today, So the petitioner cannot seek as a right the relief granted in Writ Petition No.
31239 of 2072 vide order dated 05. 12. 20L3. There ls no infringement of any fundamental right of the petitioner or denial of lawful entitlement of the petitioner to 9et quarry lease for Metal and Stone. Furthermore, there is no vested right in favour of the petitioner to seek any relief as prayed for. None of the circumstances narrated in this writ petition merits consideration. Under these circumstances, the Writ Petition is devoid of merits and is liable to be dismissed. B. Accordingly, this Writ Petition is dismissed. No costs. lvl isce lla neous petitlons, if any, pending shall stand closed. SD/- I. NAGALAKSHMI ASSISTANT REGISTRAR //TRUE COPY// \- SECTION OFFICER To, 1. to SrilVohammed 9n" 99 Abdul eader, Advocate tOpUCl 2. CCs to Revenue, Htghiaouri Lw9 _G-p lor ior ilr""Sirti'oii6rangana at Hyderabad. [OUTI 3. Two ccs to GP fcir rndustries and commerce " -- vvYerrrrr\ Deparlment. High court for the Stat^. oITetangana at Hyderabad. fOuii 4.
Two ccs to GP for lr,4inds and ceoiogy, t-tigtr court for the state of rerangana at Hyderabad. [OUTI 5 One CC to Standi'ng Counsel for Telangana State tr,/ining Development Corporation Ltd. IO-PUCI -o. Two CD Copies CHR \. ( HIGH COURT DATED:0811212020 1 t,i E s )4 ( o o 15 DEC2m0 o . L * * tl. --. ORDER W. P. No. 15402 of 2020 DISMISSING THE WRIT PETITION WITHOUT COSTS \\$ s0 \ \k : I
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