IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION No: 14035 of 2008 Between: Dhamaraju Vijayalakshmi W/o. Satyanarayana R/o. Nellipudi (V), Gangavaram (M), East Godavari District. ..... PETITIONER AND 1 Director of Mines & Geology, Govt. of A.P., Burugula Ramakrishna Buildings, Tank bund Road, Hyderabad. 2 Asst. Director of Mines & Geology, D.No.77-4-16, Gandhipuram-3, Rajahmundry, E.G. District. 3 Sub Collector, Rampachodavaram, Rampachodavarm Mandal, East Godavari District. 4 Tahsildar, Gangavaram Mandal, Gangavaram, East Godavari District. 5 Sri Rajah Madhuveeti Yerram Raju S/o. Late Yerram Raju, R/o. Nellipudi Village, Gangavaram Mandal, East Godavari District. .....RESPONDENT(S) 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 to issue a writ or Mandamus, or any other appropriate writ, order or direction declaring the action of the 4th respondent in not considering the representation dated 26.05.2008 for grant of "No Objection Certificate" to enable the 1st respondent to grant Quarry Lease in respect of land measruing Ac.28.04 cents in R.S.No.487, Patta No.151, situated at Chinnampallem Village, Hamlet of Nellipudi Village, Gangavaram Mandal, by referring to the pendency of the W.P.No.768/2007 as illegal, arbitrary and for a consequential order directing the 4th respondent to issue the 'No Objection Certificate' to the petitioner without referring to pendency of W.P.No.768/2007, and pass Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : ORDER: The relief sought for in this writ petition is to declare the action of the 4th respondent- Tahsildar, Gangavaram Mandal, Gangavaram, East Godavari District, in not considering the petitioner’s representation dated 26-05-2008 for grant of ‘No Objection Certificate’ to enable the 1st respondent to grant Quarry Lease in respect of land measuring Ac.28.04 cents in R.S.No.487, Patta No.151, situated at Chinnampalem village, Hamlet of Nellipudi village, Gangavaram Mandal, by referring to the pendency of the W.P.No.768 of 2007, as illegal and arbitrary and, consequently, to direct the 4th respondent to issue ‘No Objection Certificate’ to the petitioner without reference to the pendency of the said writ petition. W.P.No.768 of 2007 was filed by the 5th respondent herein. The objection of the 4th respondent herein for granting the ‘No Objection Certificate’ to the petitioner is pendency of the W.P.No.768 of 2007 on the file of this Court. Sri G.Krishna Murthy, learned counsel for the 5th respondent, would submit that W.P.No.768 of 2007, filed by the 5th respondent herein, has no bearing on the ‘No Objection Certificate’ sought for by the petitioner for grant of quarry lease in respect of the land in question and that the 5th respondent has no objection if the petitioner is granted the ‘No Objection Certificate’. The submission of the learned counsel is made part of the record and, since this is the only objection which the 4th respondent has for granting the ‘No Objection Certificate’ to the petitioner, the writ petition is disposed of directing the 4th respondent to consider the petitioner’s representation dated 26-05- 2008, for grant of ‘No Objection Certificate’, in accordance with law and to pass orders thereupon, without reference to the pendency of W.P.No.768 of 2007, within a period of six weeks from the date of receipt of a copy of this order. The writ petition stands disposed of accordingly. No order as to costs. _____________________________ RAMESH RANGANATHAN, J 25th November 2008 Cvrk