HONOURABLE SRI JUSTICE L. NARASIMHA REDDY WRIT PETITION No.6575 of 2002 ORDER: Petitioners are the residents of Madanagopalapuram Village of Rajampet Mandal, Kadapa District. It is stated that the village is carved out of the Tallapaka Revenue Village. Survey No.1171 is a vast extent of hillock, admeasuring about Acs.725-00. In the year 1995, mining lease for clay was granted in favour of M/s.K.T. Mines. The petitioners state that thereafter, the neighboring land was assigned to them and construction of houses was also made. 2. In the year 1999, applications were made for grant of mining lease over the land in the same survey number. The Assistant Director of Mines and Geology, the 3rd respondent herein, referred the matter to the Mandal Revenue Officer, 5th respondent herein, for his report and for no objection certificate. After conducting spot inspection, the 5th respondent addressed a letter, dated 26-11-1999, stating that the land is covered by fields and houses and that mining lease cannot be granted. 3. It is stated that when a similar attempt was made by the 6th respondent in the year 2001, the 5th respondent submitted a report, dated 12-12-2001, expressing the same views. 4. The 6th respondent again submitted an application for mining lease over a part of the same survey number. A report was called for from the 5th respondent. The petitioners contend that initially, on 06-02-2002, the 5th respondent reiterated his stand, but, on coming to know that the 6th respondent is an influential person, he submitted a report, dated 27-03-2002, stating no objection for grant of mining lease. The same is challenged in this writ petition. 5. On behalf of the respondents 4 and 5, counter affidavit is filed stating, inter alia, that various changes have taken place in the circumstances and accordingly, no objection was given. 6. Heard the learned counsel for the petitioners and the learned Government Pleader for Industries & Commerce and the learned counsel for the 6th respondent. 7. Almost 3 reports were submitted by the 5th respondent, stating that it is not advisable to grant mining lease over the land in survey No.1171. The last of such report appears to be on 06-02-2002. However, when the matter was once again referred to him, through his report, dated 27-03-2002, he recommended no objection for mining lease. Before that, in his reports, submitted on 26-11-1999, 12-12- 2001 and 06-02-2002, he was consistent. In the subsequent letter, dated 27-03-2002, no reference was made to those reports and it was not even stated that there is any change of circumstances or in the situation on the ground. The 4th respondent had simply acted upon the report, dated 27-03-2002, and recommended grant of mining. 8. This Court is of the view that there was, absolutely, no basis for the 5th respondent in changing the stand from the view expressed by him just one month ago. The 4th respondent, as a superior authority, ought to have verified the matter with care and caution. 9. Hence, the Writ Petition is allowed as prayed for. It is, however, directed that in case, the 6th respondent is still interested in proceed with the matter, the Assistant Director, Mines and Geology, 3rd respondent herein, shall refer the matter to the Joint Collector, Kadapa. The Joint Collector shall not only take into account the reports submitted by the 5th respondent on earlier 4 occasions but also conduct a spot inspection and pass orders in the matter. This exercise shall be completed within a period of three months from the date of receipt of a copy of this order. No costs. ____________________ L. NARASIMHA REDDY, J January 31, 2011. KTL