IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12480 of 2008 Between: B.Venkata Narayana Reddy S/o.Narayana Reddy R/o.Haripuram Rajahmundry East Godavari District ..... PETITIONER AND 1.The Deputy Of Mines of & Geolgy Kakinada East Godavari District 2.The Assistant Director of Mines & Gelogy Rajahmundry East Godavari District 3.The Tahasildar Rajanagaram East Godavari 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 appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents 1and 2 in not allowing the petitioner to quarry and excavate the gravel in pursuance of the lease granted in favour of the petitioners by 2nd respondent vide proceedings No.3734/Q1/2005 dt.10- 11-2005 from the land situated in Sy.No.183/1 to an extent of Ac 5.00 situated at Namavaram(V) Rajanagaram(M) East Godavari District as illegal arbitrary and in violation of principles of natural justice and consequently direct the respondents 1and 2 not to interfere from excavating the gravel so long as the lease granted by the respondent 1and 2is force in the interest of justice. Counsel for the Petitioner: MR.K.VENKATESH Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.12480 of 2008 ORDER: This writ petition is filed seeking a declaration that the alleged action of the respondents 1 and 2 i.e., the Deputy Director of Mines and Geology, Kakinada, East Godavari District, and the Assistant Director of Mines and Geology, Rajahmundry, East Godavari District, in not allowing the petitioner to quarry and excavate the gravel from the lands situated in Survey No.183/1 of Namavaram village, Rajanagaram Mandal, East Godavari District, is arbitrary and illegal. It is pleaded by the petitioner that he was granted a mining lease in respect of the above land by the second respondent vide proceedings, dated 10.11.2005 and thereafter, he has been excavating the gravel in accordance with law and the second respondent was also granting permits from time to time upto 31.01.2008. However, it is alleged that thereafter the respondents 1 and 2 have been interfering with the excavation of the gravel and also refused to issue permits for transporting the gravel from the land in question. However, the learned Government Pleader for Mines and Geology, who accepted notice on behalf of the respondents 1 and 2, under instructions, represented that the respondents 1 and 2 have never interfered with the excavation of the gravel from the land in question in any manner whatsoever, and as a matter fact, in the month of March, 2008, the petitioner had paid dead rent and the same was accepted by the respondents 1 and 2. In view of the submission of the learned Government Pleader that the respondents 1 and 2 are not interfering with the excavation of the gravel as alleged by the petitioner, no further enquiry is necessary in the writ petition. Accordingly, the writ petition is disposed of recording the statement of the learned Government Pleader that the respondents 1 and 2 are not interfering with the petitioner’s quarrying and excavation of the gravel in any manner whatsoever in pursuance of the lease granted by the second respondent vide proceedings, dated 10.11.2005, in the land to an extent of Acs.5.00 situated in Survey No.183/1 of Namavaram Village, Rajanagaram Mandal, East Godavari District. No costs. _______________ 17.06.2008 VGB