High CourtsSingle Bench(2008) 01 DEL CK 0218

Walchand Tandur Cement Co. Ltd. vs Union of India (UOI) and Others

Delhi High Court · Decided on 24 January 2008

HON’BLE JUDGES
Gita Mittal, J
CASE NUMBER
Writ Petition (Civil) No. 4708 of 1998

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Judgment

4 paragraphs · 366 words

Gita Mittal, J.—The petitioner before this Court was granted a mining lease on 8th October, 1968 for a period of twenty years by the Government of Andhra Pradesh. It appears that the Government of Andhra Pradesh passed an order dated 17th July, 1993 not granting its renewal to the petitioner and determining the mining lease. Aggrieved thereby the petitioner had filed a revision before the Central Government which was rejected by an order passed finally on 16th July, 1998. The petitioner had filed the present writ petition contending that the order dated 16th July, 1998 is not sustainable in law and in the facts of the case.

2.

Mr. C. Mohan Rao learned Counsel appearing for the Government of Andhra Pradesh has today placed a copy of an letter dated 2nd December, 2007 issued by his client wherein it has been stated that the Government of Andhra Pradesh had received a representation vide letter dated 19th September, 2007 that the new management has taken over M/s Walchand Tandur Cement Company Ltd., and has given an assurance that they will establish a new cement unit at Tandur as scheduled earlier. This communication states that the Government of Andhra Pradesh is therefore inclined to review its earlier orders issued against the RML application. It has been consequently requested that the matter be remanded back to the Government of Andhra Pradesh with permission to review its order keeping in view the latest development i.e. the intention of the new management to establish a cement unit in the State. A prayer is made by learned Counsel for the respondent that accordingly the matter may be remanded for fresh consideration to the Government of Andhra Pradesh. Mr. Gaurav Duggal learned standing counsel for the Central Government stands by the statement made by learned Counsel representing the state government.

In this view of the matter the order dated 17th July, 1993 by the respondent No. 2 and the order dated 16th July, 1998 of the Central Government are hereby quashed. The matter shall stand remanded to the Government of Andhra Pradesh for reconsideration in view of the communication dated 2nd December, 2007.

This writ petition is disposed of in the above terms.