IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT : PRESENT : THE HON’BLE SRI JUSTICE: NOOTY RAMAMOHANA RAO WRIT PETITION No. 5164 of 2008 Between: M/s. Corner Stone, rep. by its Proprietor M.Chittibabu, S/o. Priyanadham. ..... Petitioner AND 1. The Director of Social Welfare, A.P., Hyderabad. 2. The District Social Welfare Officer, Prakasam District at Ongole. 3. The Collector, Prakasam District, Ongole. 4. Revenue Divisional Officer, Ongole, Prakasam District. 5. The Tahsildar, Chimakurthy Mandal, Chimakurthy, Prakasam District. 6. The Director of Mines & Geology, BRKR Bhavan, A.P., Hyderabad. 7. The Asst. Director of Mines & Geology, Ongole, Prakasam District. Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Mandamus or any other appropriate writ declaring the action of the respondents 1 to 6 in not considering the application dt.02-02-2007 field by the petitioner for grant of prospecting licence for granite in the land to an extent 3 Hectares in Sy.No.65/1A of R.L.Puram Village, Chimakurthy Mandal, Prakasam District by issuing necessary No objection Certificate for grant of prospecting licence as illegal, arbitrary and contrary to the A.P.Minor Mineral Concession Rules 1966 and to declare the said inaction as nonest in the eye of law and consequentially to direct the respondents 3 and 4 to issue necessary No objection after obtaining the same from the Social Welfare Department and also direct the Respondents 1 and 2 to give consent for grant of prospecting licence for granite in the land to an extent of 3 Hectares in Sy.No.65/1A of R.L.Puram Village, Chimakurthy Mandal, Prakasam District. The Petition coming on for admission upon perusing the petition and the affidavit filed herein and upon hearing the arguments of Sri K.Ananda Rao, Advocate for the Petitioner and of G.P. for Social Welfare on behalf of the Respondents. The Court made the following ORDER: “ When this writ petition has been taken up on 13th March 2008, a request has been made by the learned Government Pleader for Social Welfare on behalf of the respondents to grant time to ascertain the facts from the respondents and, accordingly, the time was granted. Unfortunately, the respondents have not passed on the necessary instructions to the learned Government Pleader and he is, therefore, handicapped in making further submissions in the matter. It is quite probable that all the respondents may have been acting in a consorted manner to ensure that the necessary instructions are not passed on in time. ..2.. All the respondents are, therefore, directed to show cause as to why each of them be not held accountable and responsible for the lapses committed and also imposed costs, payable personally. Post the matter on 24-04-2008. Registry is directed to send copy of this order to all the respondents today itself.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Director of Social Welfare, A.P., Hyderabad. 2. The District Social Welfare Officer, Prakasam District at Ongole. 3. The Collector, Prakasam District, Ongole. 4. Revenue Divisional Officer, Ongole, Prakasam District. 5. The Tahsildar, Chimakurthy Mandal, Chimakurthy, Prakasam District. 6. The Director of Mines & Geology, BRKR Bhavan, A.P., Hyderabad. 7. The Asst. Director of Mines & Geology, Ongole, Prakasam District. (RR 1 & 6 by Spl. Messenger) (RR 2 to 5 & 7 by Speed Post/RPAD) 8. Two CCs to G.P. for Social Welfare, High Court of A.P.Hyd(OUT) 9. One CC to Sri K.Ananda Rao, Advocate(OPUC) 10. One spare copy. SAH HIGH COURT NRRJ DATED: 16-04-2008 NOTE: POST THE MATTER ON 24-04-2008 ORDER WP.NO. 5164 OF 2008 DIRECTION DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 16-04-2008 HIGH COURT NRRJ DATED: 16-04-2008 NOTE: POST THE MATTER ON 24-04-2008 ORDER WP.NO. 5164 OF 2008 DIRECTION