HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2885 of 2011 Date: 06.04.2011 Between : M/s.Pokarna Ltd., Secunderabad, rep. by its General Manager (Quarry Operations). …….Petitioner And The State of A.P., rep. by the Director of Mines and Geology & others. ….Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.2885 of 2011 ORDER : This writ petition is filed, seeking directions by way of Mandamus, declaring the action of 2nd respondent- Assistant Director of Mines and Geology, in not forwarding the application of petitioner to the 1st respondent-Director of Mines and Geology, for grant of quarry lease for Quartz over an extent of Ac.126.12 cents covered by Sy.No.81 of Gantrapally village of Peddakothapally Mandal in Mahabubnagar District, as illegal and arbitrary. It is the grievance of the petitioner that though the 4th respondent-Tahsildar has sent his no objection report to the 2nd respondent, the 2nd respondent is not forwarding his application to the 1st respondent-Director of Mines and Geology to consider the same for grant of lease. In the counter affidavit filed by the respondents, it is stated that pursuant to the application made by the petitioner on 10th of December 2007 in Form-I, a report was called for from the Tahsildar, Peddakothapally Mandal, with regard to classification, availability and desirability for grant of mining lease, and the Tahsildar, through his letter No.B/8564/10, dated 15.12.2010, has sent his report, but however, he has not sent necessary documents namely, the sketch, pahani and the resolution of Grampanchayat etc., along with his report. It is stated that as the said documents were not sent by the Tahsildar, the application of petitioner was not forwarded to the 1st respondent. It is further stated that the communication received from the 4th respondent- Tahsildar was sent to the District Collector, to seek his instructions in the matter and necessary steps will be taken after receipt of communication from the District Collector, Mahabubnagar. As per the A.P. Minor Mineral Concession Rules and the guidelines issued by the Government in G.O.Ms.No.181, dated 28.05.1998, when an application for quarry lease is filed, no objection is to be called for from the Tahsildar concerned, with regard to classification and availability of land to consider the said application. The report has to be sent by the Tahsildar directly to the Assistant Director of Mines and Geology, by marking a copy to the District Collector. However, it is also stated in the aforesaid G.O. that if the District Collector is not in agreement with the view and recommendation of the Tahsildar, he can as well send his report independently to the Director of Mines and Geology, who is competent authority to consider the application for grant of quarry lease, but at the same time, it is not open for the Assistant Director of Mines and Geology to withhold the application of petitioner on the ground that there is no communication from the District Collector. In any event, as it is stated that the Tahsildar has not sent necessary documents, namely, the sketch, pahani and the resolution of the Grampanchayat, I deem it appropriate to dispose of the writ petition, directing the 4th respondent-Tahsildar to send necessary documents within a period of two months from today. On receipt of such documents from the 4th respondent, the 2nd respondent is directed to forward the application of petitioner to the 1st respondent to consider the same. It is also made clear that the application of petitioner for grant of quarry lease is to be considered on its own merits. Subject to the above directions, the writ petition is disposed of. No costs. _____________________ R.SUBHASH REDDY, J 6th April 2011 ajr