THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.1815 OF 2010 O R D E R Heard the respective counsels appearing for the parties. 2. The 9th respondent is M/s Sri Anjaneya Waddera and B.C. Labour Contract Co-operative Society Limited and it was granted quarry lease for building stone and road metal over an extent of 0.838 Hects. in Sy.No.493 (Government land) of Kannala village, Kamanpur Mandal, Karimnagar District for a period of ten years. The claim of the petitioner which is M/s Ganapathi Industries represented by its Managing Partner is that their industry is located near to the quarrying operations and due to the illegal mining operations conducted by the 9th respondent in violation of the terms and conditions of the lease agreement, the inhabitants of the locality are adversely effected and the more particularly the rice mill of the petitioner is also affected. As the respondents 1 to 4, 6 and 7 who are official respondents are not taking any action, he filed the present writ petition. 3. From the counter affidavits filed by the official respondents and the 9th respondent, it could be seen that the 9th respondent is found to have conducting quarrying operations in violation of the lease agreement and beyond the leased area and hence it was issued notice dated 26.11.2009 in proceedings No.5539/Q1/06 asking to show cause why proceedings shall not be initiated for penalization of an amount of Rs.4,50,000/- towards normal sieg fee together with 2 times penalty in addition to normal seig, for the illegal quarrying operations conducted by it. To the said show cause notice, the petitioner submitted its explanation and not being satisfied with the same, vide proceedings No.5539/Q1/06 dated 30.12.2009 the petitioner was directed to pay the mineral revenue dues of Rs.4,50,000/- within fifteen days as per Rule 26(3)(ii) of A.P.M.M.C.Rules, 1966. Aggrieved by the same, the petitioner preferred appeal under Rule 35 and the same is pending adjudication. In the counter filed by the official respondents it is stated that as per the interim orders of this court, the leased area was re-surveyed and inspected on 26.2.2010 by the Surveyor and Technical Assistant in the presence of the petitioner and lease holder and fixed the boundaries around the leased area. It is reported that the lessee is presently not conducting the illegal operations beyond the leased area in Sy.No.493 of Kannala village, Kamanpur Mandal, Karimnagar Disttrict and that the lessee is not working the quarry itself as on the date. 4. In view of the above, as the respondents have responded to the objections of the petitioner and the 9th respondent was imposed with penalty of Rs.4,50,000/- and the 9th respondent filed appeal, which is pending adjudication and further as per the counter affidavit filed by the official respondents, the petitioner is not conducting illegal operations beyond the leased area and that it is not working the quarrying itself on the date, no orders need be passed and the writ petition is accordingly dismissed. No costs. AVS ----------------------------------- 01—07—2010