IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY THE 1ST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 27931 of 2007 Between: M/s.Karunamai Granites represented by its Proprietor- Sri Gugulouth Devilal, S/o deshya, R/o Society Thands, Errabelligudem Village, Nellikuduru Mandal, Warangal District-506 368. ..... PETITIONER AND 1 The Director of Mines & Geology, 8th Floor, BRKR Buildings, Tank Bund Road, Hyderabad-500 029. 2 The Deputy Director of Mines & Geology, Warangal Region, 2-7-109, Central Excise Colony, Subedari, Hanamkonda, Warangal-506 001. 3 The Asst.Director of Mines & Geology, H.No.1-7-778, Shanthi Nagar Colony, Near Warangal Public School, Hunter Road, Hanamkonda, Warangal-506 001. 4 The Tahsildar, ellikuduru Mandal, Warangal District-506 368. 5 The Revenue Divisional Officer, Mahabubabad-506 101. 6 The Collector, Warangal District-506 001. 7 the Asst.Director of Survey & Land Records, O/o the Collectorate Warangal District-506 001. 8 The Station House Officer, Nellikuduru Village & Mandal, Warangal District-506 368. 9 The Superintendent of police, Warangal District, Warangal-506 001. 10 M/s.Venkateswara Granites, represented by its Proprietor-Sri R.Venkateshwara Rao, H.No.23-6-231, Hunter Road, Hanamkonda, Warangal. .....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 to issue a writ, order or direction more so one in the nature of mandamus declaring the inaction on the part of the Official Respondent No;s 1 to 7 in not conducting joint inspection, survey and demarcation of the applied area vis-a- vis the adjoining quarry lease area held by the 10th respondent as illegal, arbitrary, violative of the Mines and Minerals (Development & Regulation) Act, 1957 and the Rules made thereunder apart from being violative of G.O.Ms.No.181, Industries & Commerce (M.I) Department, dt.28-05-1998 and consequently direct the respondents 1 to 7 to cause inspection, survey and demarcation of the Quarry Lease area held by the 10th respondent and the Quarry Lease area applied for by this petitioner in a time bound manner and consequently direct the respondent No's.1 to 3 to dispose of the Quarry Lease application dt.26-02-2007 filed by the petitioner in a time bound manner in the interest of law and justice. Counsel for the Petitioner:MR.PANNALA.SRINIVAS Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION No. 27931 of 2007 ORAL ORDER: The grievance no longer subsists for adjudication in this writ petition. The writ petition is filed aggrieved by the inaction and interminable delay of the respondent Nos.1 to 7 in conducting joint inspection, survey and demarcation of the quarry lease areas applied by the petitioner and granted to the 10th respondent, which are adjacent extents in Sy.No.225/120 and 264/1 of Errabelligudem Village, Nellikuduru Mandal, Warangal District. As is apparent from the writ petition the 10th respondent was granted a quarry lease in respect of the minor mineral granite in Sy.No.225/120 and 264/1 of Errabelligudem Village, Nellikuduru Mandal, Warangal District. The petitioner has lodged an application for grant of a quarry lease on 26-02-2007 in an extent of three hectares in Sy.No.225/1. According to the petitioner the area in respect of which he applied for quarry lease is adjacent to the area where the 10th respondent was granted a quarry lease. It is also the petitioner’s allegation that the 10th respondent is carrying on quarrying operations in extents beyond the quarry lease and that the 10th respondent is poaching into the area for which the petitioner has applied for a quarry lease. The petitioner applied to the respondent Nos.1 to 7 for a joint inspection, survey and demarcation of the area for which he applied vis- a-vis the area for which the 10th respondent was granted a quarry lease. The respondent Nos.1 to 7 have not responded to the petitioner’s application, is the grievance. In a counter-affidavit the 10th respondent has denied the allegation that the said respondent is conducting quarrying operations in areas beyond the extents for which he was granted a quarry lease. It is brought to the notice of this Court by the learned counsel for the 10th respondent that the 7th respondent had issued an intimation dated.05-03-2008 to the 3rd respondent scheduling a joint inspection and survey in Sy.No.225/120 and 264/1 of Errabelligudem Village, Nellikuduru Mandal, Warangal District on 28-03-2008 at 11.00 A.M. It is further urged that in view of this development the principal grievance in the writ petition no longer survives. Sri P.Srinivas the learned counsel for the petitioner however states that notwithstanding the intimation and scheduling of a survey, inspection of survey has not taken place expeditiously. In the light of the rival contentions and the demonstrable and admitted legal position that the State is required to ensure that quarrying operations take place only within the area for which quarry leases have been granted, the respondent Nos.1 to 7 are obligated in law and particularly since the potential rights of the petitioner might be impacted, to conduct a joint inspection, survey and demarcation of the lands in Sy.No.225/120 and 264/1 of Errabelligudem Village,Nellikuduru Mandal, Warangal District expeditiously. Accordingly, the respondent Nos.1 to 7 are directed to issue notices to the petitioner and the 10th respondent and ensure the initiation and conclusion of a joint inspection, survey and demarcation of the areas mentioned above, within a period of two months from the date of receipt of a copy of this order. With the above direction the writ petition is disposed of. No order as to costs. __________________ GODA RAGHURAM,J 1st APRIL,2008 Note: Issue CC As soon as Possible (B/O) *TSNR