THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.21576 OF 2011 ORDER: This writ petition has been instituted complaining that the 5th respondent Tahasildar, Irala Mandal, Chittoor District, has not forwarded the ‘No Objection Certificate’ to the Assistant Director of Mines & Geology, Chittoor so far, notwithstanding the instructions issued by the State Government in their policy decision contained in G.O.Ms.No.181, Industries & Commerce (Mines-I) Department, dated 28-05-1998. It is submitted that the petitioner herein has applied for grant of quarry lease for Black Granite over an extent of 2.00 hectors of land belonging to the Government in Survey No.785 of Putharamaddi Village, Irala Mandal, Chittoor District for a period of 20 years. The petitioner has paid up the necessary fee for processing the application. The State Government has taken a policy decision and announced the same through G.O.Ms.No.181, Industries & Commerce (Mines-I) Department, dated 28-05-1998, fixing time limit for the purpose of processing the applications for grant of mining leases. The Assistant Director of Mines & Geology is required to acknowledge the receipt of the application immediately and fix a date for inspection of the land and send one set of application to the Mandal Revenue Officer concerned, who, in turn, will send his report thereon within thirty days to the Assistant Director of Mines & Geology, marking a copy of his report to the District Collector concerned. If the District Collector is in agreement with the report of the Mandal Revenue Officer, there is nothing else that is needed to be done except considering the application. If the District Collector were to disagree with the opinion / report of the Mandal Revenue Officer, he is entitled to do so within thirty days from the date of receipt of the report of the Tahasildar / Mandal Revenue Officer and taking the same into account, the Director of Mines and Geology is supposed to finalize a decision on the application so submitted. In the instant case, the Assistant Director of Mines & Geology, Chittoor, has stated that he has already sent the application of the petitioner to the Tahasildar, Irala Mandal, Chittoor District. He has also pointed out that the said application was despatched on 29-05-2010 vide Dispatch Entry No.3025 of his Office, whereas the Tahasildar, Irala Mandal, Chittoor District, has disputed receipt of any such application from the Assistant Director of Mines & Geology, Chittoor. Therefore, I called for the connected records. Today, the said records are produced before the Court. Though the Dispatch Entry No.3025 is made for 29-05-2010, but however, from the receipt issued by the Speed Post Division, Department of Posts, which is affixed at the said entry, I could realize that it was dispatched only on 11-06-2010. It is very strange that the Assistant Director has put the dispatch entry in his register without actually attending to the dispatch work. Be that as it may, in view of the statement made by the Tahasildar, Irala Mandal, Chittoor District, that he has not received the application of the petitioner, I consider it appropriate to direct the petitioner to lodge one more set of application with the Assistant Director of Mines & Geology, Chittoor, immediately. Upon receipt of such application, without any additional fee, inasmuch as the necessary fee has already been paid for, the Assistant Director of Mines & Geology, shall dispatch one copy thereof to the Tahasildar, Irala Mandal, Chittoor District, immediately, either by registered post with acknowledgment due or by Speed Post. He shall not dispatch the same by any private courier service / operator. Upon receipt of such application from the Office of the Assistant Director, Mines & Geology, Chittoor, necessary report be submitted by the Tahasildar, within thirty days from the date of receipt of the same. The report of the Tahasildar be made available directly to the Assistant Director, Mines & Geology, Chittoor, marking a copy thereof to the District Collector, Chittoor. If the District Collector, Chittoor, is in agreement with the opinion of the Tahasildar, he may not be required to file any separate report. Only in the event he proposes to disagree with the opinion of the Tahasildar, he may file a separate report in that regard with the Director of Mines & Geology. The Director of Mines & Geology, may take an appropriate decision thereon in accordance with law, within the time limit specified through G.O.Ms.No.181, Industries & Commerce (Mines- I) Department, dated 28-05-1998, and communicate the same to the petitioner. The earlier order passed by this Court on 01-08- 2011 directing the District Collector to withhold the salary and allowances payable to the Tahasildar, Irala Mandal, for his dereliction of duties, is relaxed in view of the order passed supra. With this, the writ petition stands disposed of, but however, without costs. ------------------------------- Nooty Ramamohan Rao, J mrk 25-08-2011