IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13725 of 2008 Between: V. Jaggamma @ Jaggayyamma, W/o. late Sri Bulli Apparao, Hindu, R/o. yeleswaram Village and Mandal, East Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Industries and Commerce (Mines-II) Department, Secretariat, Hyderabad. 2 The Director of Mines and Geology, Andhra Pradesh, BRKR Buildings, Tank Bund Road, Hyderabad. 3 The Deputy Director of Mines and Geology, Kakinada, East Godavari District. 4 The Assistant Director of Mines and Geology, Rajahmundry, 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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not granting temporary permits for carrying on quarrying operations to the Petitioner for the road metal in an extent of 0.500 Hec. In Sy.No. 54 of Yeleswaram Village and Mandal, East Godavari District, as illegal, arbitrary and discriminatory, being violative of Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondents to grant temporary permits to the Petitioner for carrying on quarrying operations in 0.500 hects in Sy.No. 54 of Yeleswaram Village and Mandal, East Godavari District. Counsel for the Petitioner : MR. N.SIVA REDDY Counsel for the Respondents : GP FOR MINES AND GEOLOGY The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION NO.13725 OF 2008 ORDER : This writ petition is filed seeking a declaration that the alleged action of the respondents in not granting temporary permits for carrying on quarrying operations for the road metal in an extent of 0.50 hectares in Sy.No.54 of Yeleswaram Village & Mandal, East Godavari District as arbitrary and illegal. I have heard the learned counsel for the petitioner as well as the learned Government Pleader for Mines & Geology appearing for the respondents. As could be seen from the material on record, the petitioner was granted a lease for a period of 10 years for quarry lease for road metal and pursuant thereto an agreement was executed between the petitioner and the 3rd respondent on 5.3.1999. While so, on 13.8.2007 the 3rd respondent issued a show-cause notice to the petitioner along with certain other similarly situated persons calling upon to explain as to why quarry lease should not be cancelled. Though the petitioner gave an explanation, vide proceedings dated 24.10.2007 the lease was cancelled. Subsequently, by order dated 29.3.2008 the 1st respondent herein- Government of A.P. directed the quarry-holders to take adequate care while doing blasting pending receipt of its recommendations in the matter. Pursuant thereto, the 2nd respondent issued consequential order dated 4.4.2008 directing the 4th respondent to issue temporary permits to the lessees in the area leaving 500 mts. safety zone for carrying on quarrying to the quarry owners. The grievance of the petitioner is that in compliance with such directions though the respondents granted temporary permits to the similarly situated lessees in respect of Sy.No.54 of Yeleswaram Village & Mandal, East Godavari District, the petitioner was not granted temporary permit without there being any justifiable reason. Hence, this writ petition. When the matter is taken up for consideration, it is brought to my notice that in identical circumstances, W.P.No.9612 of 2008 was disposed of by this Court by order dated 29.4.2008 with a direction to permit quarry operations within the radius of 500mts. safety zone of Yeleswaram Reservoir Project. The learned Government Pleader for Mines & Geology appearing for the respondents has not disputed the fact that the petitioner herein is also similarly situated. In the circumstances, following the order in W.P.No.9612 of 2008, Writ Petition is disposed of with a direction to the respondents to consider the applications of the petitioner for temporary permits and to grant the same provided the petitioner’s lease area is not situated within the radius of 500 mts. from safety zone of Yeleswaram Reservoir Project. No costs. ______________ G. ROHINI, J. Dt. 30.06.2008 gbs