THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1010 of 2007 Date:16.7.2010 Between: M/s. Sai Priya Granites ..... PETITIONER AND Government of Andhra Pradesh rep. by its Secretary, Industries & Commerce and others. .....RESPONDENTS Counsel for the Petitioner : Sri S. Ravi Counsel for the Respondent Nos. 1 to 3: A.G.P. for Industries & Commerce Counsel for Respondent No.5: Mr. Y. Rama Rao Counsel for Respondent No.4: None The Court made the following : THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1010 of 2007 Order: This writ petition is filed for a mandamus to set aside Memo No. 1130/M.II(1)2005-4, dated 27/12/2006 issued by respondent No.1. The facts in brief are that the petitioner was granted a mining lease for granite on 18.12.2004 by respondent No.2 for a period of 20 years. A lease deed for this purpose was executed on 23.12.2004. Respondent No.5, who evidently received a notice from the Assistant Director of Mines and Geology as to why penalty shall not be imposed for carrying on mining operations outside its mining area, initially filed a Civil Suit and later approached respondent No.1 with a revision petition questioning the grant of mining lease in favour of the petitioner. The sole premise on which the said revision petition was filed was that the area for which mining lease was granted in favour of the petitioner was covered by the mining lease granted in its favour. After holding personal hearing on 10.6.2005 , the revision petition was reserved ‘for orders’ by respondent No.1 and by its order dated 27.12.2006, respondent No.1 has allowed the revision petition filed by respondent No.5 and set aside proceedings dated 18.12.2004, by which, the petitioner was granted mining lease. This order is questioned in this writ petition. At the hearing, Sri S. Ravi, learned Senior Counsel appearing for the petitioner mainly contended that the impugned order suffers from a patent illegality inasmuch as after closing the hearing of the case on 10.6.2005, respondent No.1 has called for a report from respondent No.2 and the latter appeared to have submitted his report on 12.1.2006, on the basis of which, respondent No.1 has passed the impugned order without putting the petitioner on notice of the said report. The learned Assistant Government Pleader for Mines and Geology appearing for respondent Nos. 1 to 3 and Sri Y. Rama Rao, learned counsel representing respondent No.5 resisted the above contention of the learned counsel for the petitioner. In the counter affidavit filed by the Assistant Director of Mines and Geology, Warangal, respondent No.3, it has been averred that personal hearing was conducted by respondent No.1 on 10.6.2005 and that thereafter, the impugned order was passed. It thus remains an admitted fact that while hearing was completed on 10.6.2005, respondent No.1 called for a report from respondent No.2 much later. Though specific plea has been raised by the petitioner that it was not put on notice with regard to the report submitted by the Director of Mines and Geology, this averment has not been specifically controverted by any of the respondents. From a perusal of the impugned order, it is clear that respondent No.1 has placed reliance on the above mentioned report of respondent No.2. In my opinion, respondent No.1, which was exercising quasi judicial power, ought not to have called for a report after the hearing in the revision petition was closed and placed reliance on such report obtained behind the back of the petitioner and passed an order to its detriment. This action on the part of respondent No.1 is in flagrant violation of the principles of natural justice, apart from being opposed to the doctrine of fairplay. On this short ground, the impugned order is liable to be set aside. The writ petition is accordingly allowed. The order of respondent No.1 is set aside. Respondent No.1 shall dispose of the revision petition filed by respondent No.5 afresh, without reference to the report dated 12.1.2006 of respondent No.2. __________________________ C.V. NAGARJUNA REDDY,J DATE: 16th July, 2010 pnb