IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 5599 of 2008 Between: M/s. Devanganagar Stone Quary Workers Labour Contract Cooperative Society Ltd., Takaripalem Village, Devanganagar, rep. by its Secretary S.K.Khader Vali S/o. Nanne Sahed ..... PETITIONER AND 1 The Govt of A.P., Industries and Commerce ( Mines. II ) Department rep. by its Deputy Director of Mines and Geology, Guntur, Guntur Dist. 2 The Assistant Director of Mines and Geology, Markappuram, Prakasam Dist. .....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 a writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents herein in not considering and disposing of the application dated 23.10.2007 made by the petitioner society for the grant of quarry lease over of 4 Acres in Survey No. 1009 of Devanga Nagar Village, Kanigiri Mandal, Prakasam District as illegal, arbitrary, unjust and contrary to A.P. Minor Mineral Concession Rules Consequently direct the respondents herein to grant the quarry lease over extent of 4 Acres in survey No. 1009 of Devanga Nagar Village, Kanigiri Mandal, Prakasam District by giving preference as per Rule 12 of A.P. Minor Mineral Concession Rules and pass such other and further order or orders as this Hon’ble Court may deem fit and proper. Counsel for the Petitioner: MR.S.A.RAZAK Counsel for the Respondent No.2: GP FOR MINES AND GEOLOGY The Court made the following: THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA WRIT PETITION NO.5599 of 2008 ORDER: The grievance of the petitioner, which is a Labour Contract Co- operative Society, is that though it gave an application on 23.10.2007 to the 2nd respondent for grant of quarry lease over an extent of 4 acres in Survey No.1009 of Devanga Nagar village, Kanigiri Mandal, the same is not yet disposed of. 2. Heard the learned counsel for the petitioner. 3. When a representation is given, in the normal circumstances, the authority shall pass an order either accepting it or rejecting it and it is not proper for the authority to keep the person in darkness. Hence, this Court is of the view that the 2nd respondent can as well be directed to dispose of the application of the petitioner dated 23.10.2007, and if the petitioner satisfies all the requirements and is entitled for grant of the said quarry lease, the same may be considered, within a period of eight (08) weeks from the date of receipt of a copy of this order. 4. With the direction indicated above, the Writ Petition is disposed of at the admission stage. There shall be no order as to costs. --------------------------- 17.03.2008 SSR To 1 Deputy Director of Mines and Geology, Govt of A.P., Industries and Commerce (Mines II ) Department, Guntur, Guntur Dist. 2 The Assistant Director of Mines and Geology, Markappuram, Prakasam Dist. 3 2CCs to G.P. for Mines & Geology (OUT) 4 2CD copies Form-NIC-OGS/WP{KSRANI}