IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 6577 of 2008 Between: M/s. Divya Granites, Rep. by its Proprietor R. Divya Prabha W/o. R. Prasanna Kumar Reddy R/o.D.No. 16-59-3, Sri Ramagovindappa Street, Madanapalli Post, Chittoor, Chittoor District. ..... PETITIONER AND 1 The Government of India of Rep. by its Secretary Ministry of Mines ,. New Delhi. 2 The Director of Mines and Geology, BRKR Building, 8th Floor, Tank Bund Road, Hyderabad. 3 The Assist Director of Mines & Geology, Chittoor, Chittoor District. 4 M/s. Sai Venkateswara Granites Rep. by its Proprietor Mrs. Madavi W/o. Balaji R/o. Palamaner, Chittoor District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an order or writ one in the nature of writ of Mandamus declaring the action of the respondents in not considering the representation for demarcation of the area granted on lease (i) 1.000 hectares in Sy.No. 6 of Palampally Village, Punganur Mandal, Chittoor District granted in Proc. No. 40313/R4-2, dt. 11-8-2003 (ii) 1.02 hectares in SY.No.6 of Palampally Village, Punganur Mandal, Chittoor District granted in Proc. No. 16169/R4- 2/05 dt. 24-5-2005 and (iii) for color granite 1.00 hectares in Sy.No. 6 of Palampally Village, Punganur Mandal, Chittoor District granted in Proc. No.23036/R5-1/06 dt. 18-4-2007 and proceedings to grant quarry lease overlapping the existing leases in favour of Respondent No.4 as arbitrary, illegal, unjust and contrary to Rule 12 of the APMMC Rules 1966. Counsel for the Petitioner: SMT.N.SHOBA Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 6577 of 2008 O R D E R: This writ petition is ﬁled seeking a declaration that the action of the respondents in not considering the representation of the petitioner for demarcation of the leased area of 1.000 hectares, 1.012 hectares and 1.000 hectares situated in Sy.No.6 of Palampally Village, Punganur Mandal, Chittoor District is arbitrary and illegal. The grievance of the petitioner is that without considering the request of the petitioner for demarcation of the leased area, the respondents were proceeding to grant quarry lease overlapping the existing lease in favour of the 5th respondent. In pursuance of the order of this Court, the Assistant Director of Mines and Geology, Chittoor, Chittoor District ﬁled a counter aﬃdavit stating that the apprehension of the petitioner that the respondents are proceeding to grant quarry lease overlapping the existing lease is unfounded. It is further stated that the area in respect of which the petitioner is holding lease and the area in respect of which the lease is proposed to be granted in favour of the 3rd parties is totally distinct and diﬀerent. It is also stated that the Department had surveyed and demarcated the area before granting lease to the petitioner and again on 08-07-2008 the Departmental surveyors had resurveyed the existing lease in respect of the lease deeds and ﬁxed the boundaries. Having regard to the above stand taken by the respondents, no further enquiry is necessary in the writ petition. Accordingly, recording the statement of the Assistant Director of Mines and Geology, the writ petition is disposed of. No costs. ______________ G. ROHINI,J Date: 04-08-2008 KLP