IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 594 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 16/03/2009 in WP NO : 5147 OF 2009 on the file of the High Court.) Between: M. Chandra Reddy S/o. Punna Reddy R/o. No.73, MLA & MP Colony, Road No.10C, Jubilee Hills, Hyderabad. ..... APPELLANT AND 1 The State of Andhra Pradesh, rep. by its Secretary Industries & Commerce (Mines-I) Department, Secretariat, Hyderabad. 2 The Director of Mines & Geology, Hyderabad. 3 The Asst. Director of Mines & Geology, Kurnool. 4 The Union of India, rep. by its Secretary, Ministry of Coal & Mines. Sastry Bhavan, New Delhi. 5 The Regional Controller of Mines, Indian Bureau of Mines, Government of India, Koti, Hyderabad. 6 D. Ramana Kumar S/o. D. Koteswara Rao M/s. High Grade Minerals, D.No.6T, Ramakrishna Gardens, Behind Ghouse Apartments, New Belt Road, Bangalore, Karnataka State. 7 D. Manjula (Major) W/o. D. Ramana Kumar M/s. High Grade Minerals, D.No.45/D1, Old Market Road, Cantonment, Bellary-583104, Karnataka State. .....RESPONDENTS Counsel for the Appellant: SRI J.UGRANARASIMHA Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 594 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ appeal is preferred by the appellant aggrieved by the order, dated 16.03.2009 in WPMP No.6736 of 2009 in W.P.No.5147 of 2009. The appellant, who is the writ petitioner filed the above writ petition seeking to declare the action of the 1st respondent in issuing memo No.1735/M.I(1)/2009-1, dated 12.2.2009 as illegal and arbitrary and to set aside the same. The appellant also filed the above WPMP seeking a direction to respondents 1 to 3 not to allow any mining operations by the 6th respondent over an extent of 38.461 hectares in USHB of Mettupalli village, Peapully Mandal, Kurnool District, dehors the MemoNo.1735/M.I(1)/2009-1, dated 12.2.2009 issued by the 1st respondent, pending disposal of the main writ petition. On 16.3.2009, while admitting the writ petition, the learned single Judge ordered notice in the above WPMP. Having aggrieved by the order of notice, the writ petitioner filed the present appeal. Heard the learned Counsel and perused the material available on record. It is pertinent to note that granting or refusal of interim relief is a matter of discretion that is being exercised by the Court in the facts and circumstances of the case. The order of issuance of notice is nothing but an opportunity to hear the other party, on the ground of public policy or necessity, wherever it is found to be essential for the effective administration of justice. Mere declination for grant of interim relief cannot be complained. Apart from that, the order under appeal is nothing but a mere notice and the matter has to be decided after hearing the other side and as such, the approach of the appellant is a premature one. Therefore, we feel that the appeal is not maintainable and the same is liable to be dismissed. Accordingly, the writ appeal is dismissed. No order as to costs. _________________________ Justice T. Meena Kumari ____________________________ Justice VILAS V. AFZULPURKAR Date: 30th April, 2009 Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 594 of 2009 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 30th April, 2009