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 : 5676 of 2008 Between: Kamal VS Teja Mining., rep.by its Partner G.Sreenivas Reddy, S/o.G.Janardhan Reddy, R/o.45-142-26-88A, Machani Somappa Colony near Venkataramana colony, Kurnool. ..... PETITIONER AND 1 The Government of India., rep.by its Secretary Ministry of Mines. New Delhi 2 The Government of Andhra pradesh, rep.by its Secretary, Industries & Commerce Department, Secretariat Hyderabad . 3 The Director of Mines and Geology, BRKR Building 8th floor, Tank Bund Road, Hyderabad. 4 The Asst.Director of Mines and Geology, Kurnool. .....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 order or writ one in the nature of writ of mandamus declaring the action of the respondent in not passing orders on the application of the petitioner dated 10.11.2006 for Mining Lease over an extent of 358.00 Hects in Sy.Nos.311,318,to 323 325, to 330, Emboy village, Bethamcherla Mandal, Kurnool District and not granting the Mining Lease as arbitrary, illegal, unjust and violation of Mines and Minerals (Regulation and Development)Act 1957 Mineral Concession Rules, 1960 and G.O.Ms.No.181 Industries & commerce (M.I)Department dated 28.5.1998 and pass such other order or orders as this Hon’ble Court deems fit and proper in the interest of justice. Counsel for the Petitioner: SMT.N.SHOBA Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following: THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA WRIT PETITION NO.5676 of 2008 ORDER: The grievance of the petitioner is that though she gave an application on 10.11.2006 to the 4th respondent for grant of quarry lease over an extent of 358 hectares in Survey Nos.311, 318 to 323, 325 to 330, Emboy village, Bethamcherla Mandal, Kurnool District, 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 4th respondent can as well be directed to dispose of the application of the petitioner dated 10.11.2006, 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 The Secretary, Ministry of Mines, Government of India, New Delhi. 2 The Secretary, Industries & Commerce Department, Government of Andhra Pradesh, Secretariat Hyderabad . 3 The Director of Mines and Geology, BRKR Building 8th floor, Tank Bund Road, Hyderabad. 4 The Asst.Director of Mines and Geology, Kurnool. 5 2CCs to G.P. for Mines and Geology. (OUT) 6 2CD copies Form-NIC-OGS/WP{TRK}