Telangana High Court
WP/28426/2009 of M/s Sri Gayathri Minerals Industries Vs The Government of Andhra Pradesh on 30 December 2009
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.28426 of 2009 Between: M/s.Sri Gayathri Mineral Industries rep. by its Managing Partner,
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Conclusion
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
WEDNESDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND NINE
PRESENT:
THE HON'BLE SRI JUSTICE P.S. NARAYANA
WRIT PETITION No.28426 of 2009
Between:
M/s.Sri Gayathri Mineral Industries rep. by its Managing Partner,K. Seshagiri Rao
AND
..... PETITIONER
The Government of Andhra Pradesh, rep. by its Secretary,Industries and Commerce Department, Secretariat, Hyderabadand three others
..... RESPONDENTS
ORDER:
The matter is coming up for admission.
2. The learned Assistant Government Pleader for Mines andGeology takes notice on behalf of respondents 1 and 3 and thelearned Assistant Government Pleader for Revenue takes noticeon behalf of the respondents 2 and 4.
3. The writ petition is filed praying for the relief of writ ofMandamus declaring the action of the Thasildar – respondent No.4in not issuing No Objection Certificate (availability andclassification) on the application of the petitioner dated 15-04-2009 for grant of quarry lease of an extent of Ac.15.55 inSy.No.289 situated in Palur Village, Sydapuram Mandal, S.P.S.R.Nellore District, and not considering the representation dated 27-11-2009 in terms of G.O.Ms.No.181, Industries and Commerce(M.I) Department, dated 28-05-1998 and G.O.Ms.No.74, Industries and Commerce (M.I)Department, dated 16-02-2002 as arbitrary, illegal, unjust,unconstitutional and contrary to Andhra Pradesh MineralsConcession Rules, 1966 and G.O.Ms.No.74, Industries andCommerce (M.I) Department, dated 16-02-2002 and G.O.Ms.No.181, Industries and Commerce (M.I)Department, dated 28-05-1998 and pass such other suitableorders.
4. Several facts had been narrated in the affidavit filed insupport of the writ petition.
5. In the light of the facts and circumstances, this court is ofthe considered opinion that the writ petition be disposed ofdirecting the fourth respondent to consider the representation ofthe petitioner dated 27-11-2009 for grant of No ObjectionCertification relating to the subject matter of the writ petition withina period of four (4) weeks from the date of receipt of a copy of thisorder.
6. With the aforesaid direction, the writ petition is disposed of. There shall be no order as to costs.
___________________
P.S. NARAYANA, J
THE HON'BLE SRI JUSTICE P.S. NARAYANA
WRIT PETITION No.28426 of 2009
December 30, 2009.