THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.20307 OF 2010 ORDER: The petitioner Company claims to be engaged inter alia in the business of processing and exporting iron ore. It states that it has purchased iron ore fines of 50,000 MT @ Rs.2,750/- per MT, from M/s. Sree Minerals, Anantapur District, in the month of March 2010, for the purpose of export, and the goods were delivered to its registered stock yard, under proper transit passes issued by respondent No.3- Assistant Director of Mines and Geology, Anantapur. In the meantime, it has entered into an export contract dated 05.04.2010 for supply of iron ore fines of 45,000 MTS +/- 10% at sellers option and the shipment was required to be made between 5th and 20th May 2010. The petitioner, thereupon, required respondent No.3 for issuance of transit passes for transferring 40,000 MTS of iron ore fines from its registered stockyard at Obulapuram to Port Krishnapatnam and Chennai Port. But however, the 3rd respondent, vide letter dated 15.04.2010, informed that the transit passes as requested by it for transportation of iron ore fines from the stockyard of Obulapuram, cannot be issued, in view of the orders of the State Government vide G.O. Rt. No. 723 Ind. & Com. (M.III) Department dated 25.11.2009 and subsequent orders of the Supreme Court of India in SLA (Civil) Nos.7366-7367 of 2010 dated 22.03.2010 and 12.04.2010 on the orders of this Court, dated 26.02.2010 in W.P. Nos. 25910 and 26083 of 2009. Aggrieved thereby, the petitioner filed the present writ petition, contending that it is a bona fide purchaser of the stocks, which were moved to its stockyard under transit passes issued by respondent No.3, that the said stocks have nothing to do with the ongoing litigation between M/s. Obulapuram Mining Company Private Limited and the Government of Andhra Pradesh, which is subjudice before the Supreme Court and with respect to which the aforesaid orders of the Supreme Court were passed, staying the mining operations by the Obulapuram Mining Company Private Limited, and that due to denial of transit permits, the petitioner is unable to discharge the export obligations, resulting in irreparable loss to it. A detailed counter-affidavit is filed on behalf of the respondents, wherein it is stated that the invoice dated 31.03.2010 furnished by the petitioner Company indicates that the supplier of the material is M/s. Sree Minerals, but on verification of the transit passes, it was found that the material was received by M/s. Sree Minerals from the Consignor M/s. Obulapuram Mining Company Private Limited, and thus it is evident that the minerals were excavated and supplied by M/s. Obulapuram Mining Company Private Limited. It is further stated that M/s. Sree Minerals is not a registered mineral dealer with the Office of the Assistant Director of Mines and Geology, Anantapur, and it does not have any permitted stockyard. The Government issued G.O. Rt. No. 723 dated 25.11.2009 suspending the operations including transportation of already mined material from six Mines including M/s. Obulapuram Mining Company Pvt. Limited and the same is the subject matter of S.L.P. (C) Nos.7366-7367 of 2010 pending before the Supreme Court. Thus, the issue of mineral excavated by M/s. Obulapuram Mining Company Private Limited being the subject matter of those S.L.Ps. pending before the Supreme Court and the said company being the consignor of the minerals purchased by the petitioner for transport of which the petitioner requested for issuance of transit passes, the transit passes as sought by the petitioner cannot be issued. It is further stated that M/s. Obulapuram Mining Company Pvt. Ltd and Anantapur Mining Corporation have filed writ petitions in W.P. Nos. 15497 and 15498 of 2010, with a request to allow them to transport already excavated mineral from their stockyards and a learned Judge of this Court, taking note of the orders passed by the Hon’ble Supreme Court in the S.L.Ps. referred above, held that it is not proper for this Court to clarify whether the permission granted to the writ petition to carryout the mining operations in the undisputed area includes transport of ore extracted from the mines to the stocking point etc. and the writ petitioners are at liberty to seek necessary clarification from the Hon’ble Supreme Court, and accordingly disposed of the said writ petitions on 02.07.2010. Learned Advocate General appearing for the respondents submits that as held by this Court in the orders dated 02.07.2010 passed in W.P. Nos. 15497 and 15498 of 2010 referred above, if the petitioner wants any clarification and any relief, it is at liberty to approach the Hon’ble Supreme Court. In view of the above submission, learned counsel for the petitioner submits that the petitioner will approach the Hon’ble Supreme Court for necessary clarification. The petitioner is always at liberty to do so. The writ petition is accordingly disposed of. No order as to costs. __________________ JUSTICE N.V. RAMANA 26th October, 2010 IBL