WP/16783/2009 of Karmalavaripalle Gram Panchayat, Vs The Director of Mines and Geology, on 31 December 2010

ORDER:

W.P. NO. 16783 of 2009

The petitioner’s grievance is that fourth respondentis not disbursing the proportionate share ofKarmalavaripalle Gram Panchayat from Seigniorage feecollected for the gravel and earth excavated from Sy.Nos.531, 532, 533/2, 578 situated at Karmalavaripalle GramPanchayat, Mylavaram Mandal, Kadapa District for layingrailway track (New BG Railway Line) of South CentralRailway from Yaraguntla to Nandyal.

Counter-affidavit filed by the 2[nd] respondent-Assistant Director of Mines and Geology, Kadapa district accepts the position that the particulars relating toexcavation have been furnished by him. The learnedcounsel for the petitioner also produced G.O.Ms.No. 255,Panchayat Raj & Rural Development (Pts.III) Department,dated 2.8.2001 as well as copy of letter of the AssistantDirector of Mines & Geology to the District PanchayatOfficer, Kadapa district vide Lr.No. 994/OD/2008, dated16.9.2009. It is, therefore, clear and apparent that interms of the above G.O. the required information has beenfurnished by the Assistant Director of Mines and Geologyto the District Panchayat Officer. It is also brought to mynotice that in a similar situation this Court vide its orderdated 6.10.2010 in WPMP No. 283388 of 2010 in WP No.22268 of 2010 directed the respondents therein toconsider the petitioner’s request for disbursement in termsof the G.O. referred to above. In the circumstances,therefore, I am of the opinion that a similar direction iswarranted in this writ petition.

With the consent of the parties, this writ petition isdisposed of directing the respondents 3 and 4 to take intoconsideration the letter of the Assistant Director of Minesand Geology dated 16.9.2009 given in terms of theG.O.Ms.No. 255, Panchayat Raj & Rural Development(Pts.III) Department, dated 2.8.2001, consider and passappropriate orders on the petitioner’s application withintwo months from the date of receipt of a copy of this order.No costs.

Dt. 31.12.2010KR

_________________________

VILAS V. AFZULPURKAR, J