IN THIE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH :: AT HYDERABAD (Special Original Jurisdiction) W.P.No.22841 OF 2002 Between: G.Sangameswar Goud, S/o. Eswar Goud, Age 52 years, Occ: Business, R/o. 1-12-2/Z/9, Jambikunta Street, Medak, Medak District. …Petitioner AND 1. Mandal Revenue Officer, Kolcharam Mandal, Medak District …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO Writ Petition No.22841 of 2002 ORDER: Petitioner is aggrieved by a memo dated 26.10.2002 issued by respondent, where under, Mandal Revenue Inspector, Kolcharam Mandal, Medak District was directed to recover a sum of Rs.43,237/- (Rupees fourty three thousand two hundred and thirty seven only) under Andhra Pradesh Revenue Recovery Act, 1864, (‘the Act’, for brevity) from petitioner. Petitioner’s case, in brief, is as follows. One Sri Md.Anwar Baig was granted quarry lease for metal in respect of certain lands in Survey No.262/1 of Pothamsettipally village, Kolcharam Mandal, Medak District for a period of fifteen years. Petitioner obtained sub-lease from original lessee with permission of officials of Mines and Geology Department. Land under Survey No.262/2 was granted to M/s.M.Narayana Rao, proprietor of M/s.Durga Metal Industries for quarrying metal after expiry of lease. It appears that quarry is now under control of Department of Mines and Geology. However, so as to realize mineral revenue arrears due from M/s.Durga Metal Industries, respondent issued impugned memo. This Court, while admitting writ petition on 20.11.2002, suspended the impugned order. Respondents have not filed any counter affidavit. This Court heard learned counsel for petitioner, learned Government Pleader for Revenue (Telangana Area). With assistance of learned counsel, this Court has gone through letter dated 19.10.2002 addressed by Assistant Director of Mines and Geology, Medak, to respondents requesting to initiate action under the Act. A perusal of the same would show that land in Survey No.262/2 was granted to M/s.Durga Metal Industries and lease expired on 26.10.1995. Said lessee has no arrears of mineral revenue. Petitioner took over M/s.Bharat Metal Industries in Survey No.261/1 and lease is valid till 26.11.2010. Lands are situated at different areas and proprietors are also different. Assistant Director, Mines and Geology requested respondent to recover mineral revenue arrears due from M/s.Durga Metal Industries and never advised respondent to proceed against petitioner. Thus, an inference can be drawn that impugned memo was issued without applying mind. It would be altogether different, if petitioner is proprietor of M/s.Bharat Metal Industries, in which event, Mines and Geology Department can always recover mineral revenue arrears from petitioner. It is not the case here. Mineral Revenue is due from M/s.Durga Metal Industries and its proprietor is Sri M.Narayana Rao and therefore, respondent has to proceed against him only. Accordingly, the writ petition is allowed and the impugned memo is set aside. There shall be no order as to costs. _______________ (V.V.S.RAO, J) August 12, 2009 Bvv