THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 18955 of 2010 O R D E R: This writ petition is filed seeking a Mandamus declaring proceedings letter No.Let.E2/2207 of 2008 dated 4.2.2010 issued by 1st respondent as arbitrary, illegal and violative of Article 14 and 21 of the Constitution of India and set aside the same; consequently, to direct respondent No.1 to issue NOC against Sy.No.129/21 admeasuring Ac.1.00 of land, situated at Ogipur village, Tandur Mandal, Rangareddy District in favour of petitioner for grant of quarry lease for limestone slabs. Under the impugned order dated 4.2.2010, the District Collector, Rangareddy District addressed letter to the Sub- Collector, Vikarabad Division, as follows: “I invite your attention to the reference cited, it is inform you basically assignment of land is for cultivation purpose and not for grant of quarry lease. Moreover PPB & TD have also been issued which reflects that the lands are agricultural lands. Since it is not desirable to permit quarry lease in assigned lands in violation of the conditions of assignment, the proposal is rejected and the applicant may be informed accordingly”. In fact, before passing such an order, 1st respondent called for report from the Sub-Collector and the Sub-Collector, vide his letter No.J/2223/2009 dated 15.1.2010 sent the following report: “I invite kind attention to the references cited. In the reference 2nd cited the copy of the Assistant Director of Mines & Geology, Tandur R.R. Dist Lr.No.386/Q/2007 dated 8.3.2007 along with its enclosures has been forwarded to this office with a request to send remarks on grant of lease in Sy.No.129/21, Extent 1-00 acre situated at Ogipur village of Tandur Mandal. In this regard, it is submitted that as per revenue records, the land in Sy.No.129 extent admeasuring 85-11 acres is classified as Government land out of which an extent of 55-29 has been assigned to different individuals. Smt. T. Bheemamma w/o Late Mallappa r/o Ogipur village of Tandur Mandal is one of the assignee. An extent of 2-00 acres in Sy.No.129 has been assigned in favour of Smt. T. Bheemamma w/o Late Mallappa in the year 1988 and the same has been implemented in revenue records as Sy.No.129/21 extent 2-00 acres. Since the assigned land is not fit for agriculture and surrounding lands are being utilizing for mining purpose, the assignee Smt. T. Bheemamma w/o Late Mallappa has got mining lease for 1-00 acre out of 2-00 acres in Sy.No.129/21 from the Assistant Director of Mines & Geology, Tandur, R.R. Dist, vide Proc.No.260/M2/2000 dated 18.4.2000 for a period of ten years. Further it is submitted that as per the enquiry held by the Tahsildar, Tandur Mandal, the remaining area of 1-00 acre in Sy.No.129/21, which belongs to the assignee, Smt. T. Bheemamma is also not fit for agriculture and that the surrounding lands are existing with mining operations. As such the assignee has applied for grant of quarry lease for lime stone slabs. The remaining extent 1-00 acre in Sy.No.129/21 situated at Ogipur village of Tandur Mandal. In view of the above I request kindly to take further necessary action in the matter”. Now, the grievance of the petitioner is that she is a holder of assignment patta in her favour to an extent of Ac.2.00 of land in Sy.No.129/21. Against Ac.1.00 of land, as early as in the year 2000, a lease was granted in her favour for quarrying limestone. When she applied for granting quarry license against the remaining Ac.1.00 of land, which is not being used for cultivation, the above impugned order was passed contrary to the report submitted by the Sub-Collector. This, ex facie, appears to be an order passed without properly verifying the facts. Learned counsel for the petitioner has placed before the Court a statement at material paper 22-A to show that there are as many as 15 cases where quarry lease was granted against assigned lands, whereas the case of the petitioner is not considered properly. It is a fact that the petitioner was already granted with quarry lease against Ac.1.00 of land out of Ac.2.00 held by her and there is no reason why petitioner should not have been granted with No-Objection Certificate for the purpose of granting quarry lease by the Department. It is not the case of respondents that there are no such instances of granting quarry leases even to those who are holding assignment patta. In view of the above, I am of the opinion that the impugned order passed by 1st respondent dated 4.2.2010 is arbitrary and illegal and liable to be set aside and accordingly set aside. 1st respondent shall direct the Tahsildar concerned, who is the competent authority, to issue No-Objection Certificate to the petitioner on the basis of the report submitted by the Sub-Collector within a period of four weeks from the date of receipt of a copy of this Order. The writ petition is accordingly disposed of. No order as to costs. JUSTICE C.V. RAMULU. Date: 7-10-2010. MVB.