Telangana High Court
WP/21612/2007 of T.V. Naidu Vs The Government of Andrha Pradesh, Rep. by its on 24 December 2007
P.S. NARAYANA W.P.No.21612 of 2007 Date : 24-12-2007 Between : T.V. Naidu s/o. Venkateswarlu .. Petitioner And The Government of A.P. Represented by its Secretary, Industries and Commerce Department, Secretariat, Hyderabad And others .. Respondents HON'BLE SRI JUSTICE P.S. NARAYANA
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Conclusion
HON'BLE SRI JUSTICE P.S. NARAYANA
W.P.No.21612 of 2007
Date : 24-12-2007
Between :
T.V. Naidu s/o. Venkateswarlu ..Petitioner
And
The Government of A.P.Represented by its Secretary,Industries and Commerce Department,Secretariat, HyderabadAnd others ..Respondents HON'BLE SRI JUSTICE P.S. NARAYANAW.P.No.21612 of 2007
ORDER:
1. Heard the Counsel on record.
2.
2. The Writ Petition is filed for a writ ofmandamus declaring the action of the respondent in notgranting quarry lease to the petitioner in over an extent of6.000 Hects. on his application dated 1-12-2005 andgranting only 2.300 Hects. in Sy.Nos.16, 19 and 140Gouthapur Village, Balanagar Mandal, MahaboobnagarDistrict and granting quarry lease to 4[th] and 5[th]respondents in Sy.Nos.16, 19 and 140 of GouthapurVillage, Balanagar Mandal, Mahaboobnagar District onwhich application was filed by the petitioner as unjust,unconstitutional, contrary to A.P. Minor MineralConcession Rules, 1966 and to call for records and to set-aside the quarry lease granted to 4[th] and the 5[th]respondents in Sy.Nos.16, 19 and 140 of GouthapurVillage, Balanagar Mandal, Mahaboobnagar District andto pass such other suitable orders.3. Several facts had been averred and it isstated that now the Deputy Director of Mines and Geologyhad granted quarry lease to the 4[th] respondent in over an extent of 2.000 Hects. in Survey No.140 on 23-6-2007and to the 5[th] respondent on 23-6-2007 over an extent ofAcs.1.15 gts. in Sy.No.16 Acs.4.20 gts., in Sy.No.140 andalso granted Acs.4.20 gts. in Sy.No.15(p) with which thepetitioner is not concerned. It is further averred thatgranting any quarry lease over the rest of the area to therespondents 4 and 5 when the petitioner made applicationdated 1-2-2005 is arbitrary and illegal. Further, it is statedthat the survey conducted by the Assistant Director ofMines and Geology and the recommendation only to theextent of 2.300 Hects. when the area available was 6.000Hects. is arbitrary, illegal and unjust. When the Revisionis pending on the file of the 1[st] respondent-DeputyDirector should not have granted quarry leases. As onthe date of filing of Revision on 13-3-2007, no quarryleases were granted to the 4[th] and the 5[th] respondents. The petitioner filed application to implead them. TheRevision is not heard by the Government till date and therespondents are proceeding to work the quarry in whichevent the petitioner will suffer loss and hardship.4. Inasmuch as it is stated that the Revision ofthe petitioner is pending before the 1[st] respondent, itwould be just and proper, in the facts and circumstancesof the case, if the 1[st] respondent is directed to dispose ofthe Revision at an early date. It is also brought to thenotice of this Court that rule nisi was issued on 11-10-2007 and interim stay had been granted for a limitedperiod which is being extended from time to time.
5. In the light of the same, let the 1[st] respondentdispose of the Revision within a period of two months fromthe date of receipt of a copy of this order. Till then, theinterim stay granted by this Court to be operative. TheWrit Petition is accordingly disposed of. No order as tocosts.
_________________
Justice P.S. Narayana
Date : 24-12-2007
AM