PRISM CEMENT LTD. REP. BY VICE PRESIDENT HYD. v. COMMISSIONER ENDOWMENTS DEPT. HYD. & 2 OTHERS
WP/15146/2016 · 2025-02-04
K Manmadha Rao
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43307 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43307 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH ;: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K. MANMADHA RAO WRIT PETITION NO: 15146 OF 2016 Between: Prism Cement Limited, Rep. by its Vice -President Mr. Arvind Dhakar 305, 3 rd Floor Laxmi Nivas Apartments, Ameerpet, Hyderabad -16. ...PETITIONER AND
1. State of Andhra Pradesh, Rep. by Commissioner Endowments Department Secretariat, Hyderabad.
2. Dy. Commissioner Endowments Department Govt, of Andhra Pradesh Kurnool.
3. The Executive Officer, Group Temples Kolimigundia, Kolimiguntal Mandal, Kurnool District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ,
order, direction more particularly that of Mandamus declaring the action of the respondents in planning to lease out by way of auction 28.46 acres forming part of various survey Nos. 177, 88,95 in Kotapadu Village and survey Nos. 381, and 536 of Kalavatala Village of Kolimigundal Mandal, Kurnool District, as illegal, arbitrary and violative of the rights of the petitioner under article 19 of the Constitution of India and consequentially direct the respondents not to lease out 28.46 acres forming part of various survey Nos. 177, 88,95 in Kotapadu Village / and survey Nos.381 and of kalavatala Village of Klimigundla mandal, Kurnool District.
w ^ I.A. NO: 1 OF 2016rWPMP. NO: 18800 OF 2016) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to lease out 28.46 acres forming part of various survey Nos. 177, 88, 95 in Kotapadu Village and survey Nos.381 and 536 of Kalavatala Village of Kolimigundia Mandal, Kurnool District. Counsel for the Petitioner : SRI VARDHINENI KRISHNAMOHAN Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following: ORDER
APHC010507252016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] mi WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 15146/2016 Between: Prism Cement Ltd. Rep. By Vice President Hyd. ...PETITIONER AND Commissioner Endowments Dept Hyd 2 Others ...RESPONDENT Counsel for the Petitioner:
1.VARDHINENI KRISHNAMOHAN Counsel for the Respondent:
1.GP FOR ENDOWMENTS (AP) The Court made the following:
ORDER: The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
"... to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in planning to lease out by way of auction 28.46 acres forming part of various survey Nos. 177, 88, 95 in Kotapadu Village and Sy.Nos.177, 99 and 95 In Kotapadu Village and Sy. Nos. 381 and 536 fo Kalavatala Village of Kollmiguntia Mandal, Kurnool District as illegal, arbitrary and violative of principles of natural justice and consequently direct the respondents not to lease out 28.46 acres forming part of Sy. Nos. 177, 88, 95 In Kotapadu Village and Sy. Nos. 381 and 536 of Kalavatala
w village Kollmigundia Mandal, Kurnool District and pass such other
order or orders as may be fit and proper under the circumstances... ” 3>
2. None appears for the petitioner. Learned Government Pleader for Endowments is present.
3. On hearing, learned Government Pleader has drawn attention of this Court to Paragraph No. 10 of the Writ Affidavit. Paragraph No. 10 of the Writ Affidavit read as follows;-
10. That the petitioner has learnt from the authentic sources that the respondents have planned to lease out the below mentioned lands by way of auction denying the legitimate right of the petitioner company to acguire the same as the said lands fall under the purview of the prospecting license issued in favour of the petitioner company through the above referred G.Os". Relying on the above averments learned Government Pleader submits that with a mere apprehension only the petitioner has filed the present Writ Petition. Hence, the learned Government Pleader submits that the Writ Petition is not maintainable and requests to dismiss the same. Though the matter is of the year 2016, respondents have not filed counter till date. Even the learned Government Pleader is not in a position to answer whether the respondents have planned to lease out the subject land by way of auction as alleged in Paragraph No. 10 of the Writ Affidavit.
4.
5. In view of the same, if the respondents intend to take steps against the petitioner with regard 4o the subject land, they are directed to follow due process of law.
6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed.
Sd/- J.SAROJA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER
1. The Commissioner Endowments Department State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District.
2. The Dy Commissioner Endowments Department Govt, of Andhra Pradesh, Kurnool. iJ?® Executive Officer, Group Temples Kolimigundia, Kolimiguntal Mandal, Kurnool District.
4. One CC to Sri Vardhineni Krishnamohan, Advocate [OPUC]
5. Two CCs to GP for Endowments, High Court of Andhra Pradesh. [OUT]
6. Three C.D. Copies. To, Cnr
HIGH COURT DATED:05/02/2025 ?
ORDER WP.No.15146 of 2016 g 2 7 JUN 2025 m 03 ^^spatcw^ DISPOSING OF THE W.P.
WITHOUT COSTS