WP/13732/2008 of Smt. Nuthi Siva Nagendramma Vs The Government of Andhra Pradesh, rep. by its on 24 December 2008

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENT

THE HON'BLE MS JUSTICE G.ROHINI

WRIT PETITION NO : 13732 of 2008

Between:

Smt. Nuthi Siva Nagendramma W/o. N. BapanaiahR/o.H.No.5-60-2/198, 4/2, Ashok Nagar, Guntur Town, Guntur District.

..... PETITIONER

AND

1 The Government of Andhra Pradesh, rep. by its Prl. Secretary, Industries &

Commerce Department,

IInd floor, D-Block, Secretariat, Secretariat Building, Hyderabad.2 The Government of Andhra Pradesh, rep. by its Director of Mines & Geology,B.R.K.R. Bhavan,2 The Government of Andhra Pradesh, rep. by its Director of Mines & Geology,B.R.K.R. Bhavan, Near Tank Bund, Hyderabad. 3 The Government of Andhra Pradesh, rep. by its Zonal Joint Director of Mines &Geology, Ongole, Prakasam District. 3 The Government of Andhra Pradesh, rep. by its Zonal Joint Director of Mines &Geology, Ongole, Prakasam District.

4 The Government of Andhra Pradesh, rep. by its Deputy Director of Mines &Geology, 1st Lane, Ramannapet, Guntur, Guntur District. Geology, 1st Lane, Ramannapet, Guntur, Guntur District.

5 The Government of Andhra Pradesh, rep. by its Assistant Director of Mines &Geology, 4th Lane,Geology, 4th Lane, Paddaripuram, Guntur, Guntur District.

6 M/s. The Perecherla Tella Quarry Vaddera Workers Labour Contract Co-op.Society Ltd., rep. by its President,Society Ltd., rep. by its President, Sri T. Venkataswamy, Perecherla Village, Medikondur Mandal, Guntur District.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a writ order or direction more particularly one in the nature of "Writ ofMandamus" by granting the following reliefs:- a) to declare the 1st respondent'sdecision in note file No.1114/MII(1)/08, directing the 5th respondent to grant entire quarry lease for an extent of Ac.4-87 cents in plot No.8/P situated in Sy.No.155/A1 ofChinapalakaluru Village, Medikonduru Mandal, Guntur District, in favour of 6threspondent, as illegal, arbitrary, irrational and unjust and violative of the safetyguidelines issued by the Government of India, Ministry of Labour, Director General ofMines safety and also violative of Government of A.P. Industries & Commerce,(Mines (I)) Memo No.4071/Mines/1/74-2, dt. 29-10-1974, b) to declare the action ofthe 2nd respondent in recommending the grant of quarry lease, only in favour of 6threspondent as biased and based on extraneous considerations and it is also unjustand irrational, c) to consequentially declare the recommendations of 3rd, 4th and 5threspondents dt. 13.10.07 and 24.10.2007 in file No.3213/Q3/07 and 3441/Q/05respectively as legal, valid and based on the guidelines issued by the DirectorGeneral of Mines Safety, d) to consequentially direct the respondents to issue quarrylease to an extent of 2-47 acres in Plot No.8/P on the upper flank of Plot No.10/Psituated in Sy.No.155/A1 of Chinapalakaluru village, Medikonduru Mandal, GunturDistrict, in favour of the writ petitioner in the interest of justice, e) and to pass suchother order(s)

Counsel for the Petitioner: MR.UNNAM.MURALIDHAR RAOCounsel for the Respondent No.: GP FOR MINES AND GEOLOGY

The Court made the following :

THE HON’BLE Ms. JUSTICE G. ROHINI

WRIT PETITION No. 13732 of 1998