THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.1309 of 2010 DATE:28.01.2010 Between: B. Gopal .... Petitioner and The Government of A.P. Represented by its Secretary, Ind & Com (Mines.II(1), Secretary Building, Hyderabad and others .... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.1309 of 2010 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of the 3rd respondent in issuing notice No.2293/Q/04 dated 10.12.2009, as illegal and arbitrary, and consequently, to permit him to continue the quarry operations pending the revision before the 1st respondent, and direct the 3rd respondent to issue permits. 2. The case of the petitioner, in brief, is that he was granted lease for quarrying black granite over an extent of 1.000 hector in Sy.No.1/1 and 295 of Agraharam village, Nimmanapalli Mandal, Chittoor District, for a period of 20 years by the 2nd respondent by proceedings No.33329/R4-2/2004, dated 09.02.2005. Therafter, the 3rd respondent executed a lease deed by proceedings No.2293/Q1/2004, dated 23.03.2005 and issued work orders in his favour. He also paid the dead rent for the years 2006-07, 2007-08, 2008-09 and 2009-10. While so, surprisingly the 2nd respondent has determined the quarry lease by proceedings No.9852/R-5-1/2006 dated 07.06.2009. Challenging the same, he filed a revision petition before the 1st respondent on 10.07.2009 along with a petition seeking stay of the proceedings of the 2nd respondent dated 07.06.2009. But, the 1st respondent refused to grant stay on the application in the revision petition. Being aggrieved by the same, he filed W.P.No.17576 of 2009 before this Court. This Court, by an order dated 25.08.2009, disposed of the said writ petition, directing the 1st respondent to dispose of the revision petition within a period of eight weeks from the date of receipt of a copy of the order, and till then, the action under the challenge in the revision is hereby stayed. In compliance of the said order, the 3rd respondent permitted him to continue the quarry operations and also issued permits. Thereafter, all of a sudden, the 3rd respondent issued a notice No.2293/Q/04 dated 10.12.2009 directing him to pursue the matter with the Government for speedy disposal of the revision petition, and till then, not to operate the quarry works. The same is questioned in this writ petition. 3. Heard both the learned counsel. 4. I am unable to appreciate the attitude of the 1st respondent. This Court, with a fond hope that the 1st respondent will decide the revision petition filed by the petitioner within a period of eight weeks, restricted the interim orders only for a period of eight weeks, that does not mean that the 1st respondent can sleep over the matter without deciding the revision petition and he cannot say that the petitioner shall not proceed with the mining operations. Hence, the notice impugned in this writ petition is hereby set aside and the 1st respondent is hereby strictly directed to decide the revision petition within a period of eight weeks, and till such time, he shall not proceed further in pursuance of the proceedings No.9852/R-5-1/2006 dated 07.06.2009 issued by the 2nd respondent. If for any reason the 1st respondent does not decide the revision petition within the stipulated time, this Court will take serious view of the matter. Now that the proceedings of the 2nd respondent dated 07.06.2009 are suspended by this Court on an earlier occasion, the petitioner shall be permitted to carry on the mining operations, pending disposal of the revision petition. 5. Accordingly, the writ petition is allowed. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 28th January, 2010 Note: Furnish C.C. by two days. (b/o) cbs THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.1309 of 2010 (Allowed) 28th January, 2010 Note: Furnish C.C. by two days. (b/o) cbs