THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No. 31926 OF 2011 ORDER: Heard the learned Counsel for the petitioner and the learned Government Pleader for Mines and Geology. The petitioner’s limited grievance is that no orders are being passed on his application dated 26.12.2009 for grant of quarry lease in respect of colour granite over an extent of 7.00 hectares in unsurveyed area of Surjani Village, Neilapatti Mandal, Srikakulam District. A copy of the said application is filed, along with the material papers at page No.10, together with a map as well as ‘No Objection Certificate’ from the office of the Tahsildar, Neliapatti dated 10.06.2010. In view of the No Objection Certificate from the Tahsildar, Neliapatti, the Assistant Director of Mines and Geology, Tekkali, Prakasam District (third respondent) ought to have acted upon in terms of G.O.Ms.No.181 Industries & Commerce (Mines-I) Department, dated 28.05.1998. However, as no orders are being passed thereupon, the petitioner has approached this Court. Learned Government Pleader for Mines and Geology, on instructions, submits that the application of another applicant viz. Sri V.Srinivas for grant of quarry lease in respect of subject area was rejected by the second respondent by his proceedings dated 26.02.2009, and a revision against the same was also rejected by the Government on 08.07.2011 whereupon the said V.Srinivas is said to have filed W.P.No.28223 of 2011 and this Court, in WPMP.No.34842 of 2011 dated 18.10.2011, passed an interim order observing that “any grant of quarry over the site applied for by the petitioner will abide by the result in this Writ Petition and the respondents will make this known to all concerned”. It is evident from the contention of the learned Government Pleader for Mines and Geology that there is no impediment for the respondents to consider for grant of quarry lease of any other applicant including the petitioner. As there is no restraint, the second respondent herein is bound to comply the mandate of G.O.Ms.No.181, dated 28.05.1998 and consider the petitioner’s application on its own merits, and pass appropriate orders thereupon. The Writ Petition is, accordingly, disposed of directing the second respondent to consider the petitioner’s application dated 26.12.2009 in accordance with law, and in terms of G.O.Ms.No.181, dated 28.05.1998, within thirty days from the date of receipt of a copy of this order. No order as to costs. VILAS V. AFZULPURKAR, J Date:12.12.2011 usd