HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.8402 of 2007 O R D E R: Heard learned counsel for the petitioner, learned Government Pleader for respondents 1 to 4 and learned counsel for the 5th respondent. 2. This writ petition was filed seeking a direction to respondents 2 and 3 to cancel the quarry lease granted to lessees for stone quarrying in Survey Nos.394 and 395 of Jami Village and Mandal, Vizianagaram District, around the college premises. 3. The petitioner society was established and registered under the Societies Registration Act, 1860, and was running two colleges a t Jami Village and Mandal, Vizianagaram District. The junior college was established in the year 1991 and the degree college was established in the year 1994. The petitioner society purchased an extent of Ac.4.99 cents in Survey No.394 at Madhavaraya Metta in Jami Village at K.M.14/2 milestone on the road between Jami Village and Srungavarapukota from the Government of Andhra Pradesh and after constructing buildings and providing infrastructure, these two colleges were shifted to the newly constructed buildings in the year 2000. There are two residential quarters within the compound for watchmen and also a guest house. After shifting the colleges to the new premises, it came to light several stone quarries were operating on the southern, south-eastern and south-western sides of the land where the two colleges are located. These stone quarries are in Survey Nos.394 and 395 and the college building is located in Survey No.394. These stone quarries are being operated by virtue of lease granted by the 3rd respondent under the provisions of A.P. Minor Mineral Concession Rules, 1966. They are 15 feet away from the college compound. Due to blasting operations conducted by the lessees, there is a threat to the lives of students and other persons who are residing in the quarters. It is also alleged that the stone quarry operators are not maintaining any boundary pillars around the quarry leased area as provided under the rules. The petitioner society wrote a letter dated 18.04.2001 to the Mandal Revenue Officer, Jami, reporting about the blasting of rocks and the Mandal Revenue Officer, vide proceedings dated 02.07.2001 furnished the list of persons who are operating stone quarries and several requests made to the stone quarry lessees did not elicit any response. The petitioner society got issued a notice to respondents 3 and 4 calling upon them to take steps for the unauthorized acts of the quarry lease holders. On receipt of the said notice, the 4th respondent addressed a letter on 09.10.2003 to the 3rd respondent to take necessary action. The 3rd respondent in turn deputed Assistant Geologist and Royalty Inspector for making inspection and to submit a report. The officials inspected the site on 30.10.2003 in the presence of quarry lease holders and recorded their statements. The Assistant Geologist submitted his report to the 3rd respondent on 01.11.2003. After receipt of the report, the 3rd respondent sent a reply to the 4th respondent on 30.09.2004 enclosing a copy of the report. This situation continued without any abatement of the blasting operations by the lease holders. In the meanwhile, the original period of lease expired and the lessees, including the 5th respondent, applied for renewal of the lease. It appears that the application for renewal of the lease is pending consideration with respondents 2 and 3. 4. The learned counsel for the 5th respondent submits that the junior college which was established in Survey No.394 was shifted to another place in Bheemsingi. He submits that with regard to the degree college there are no admissions. He further submits that the National Council for Teacher Education had withdrawn the recognition for B.Ed., college. In the circumstances, the petitioner society should not have any grievance for continuance of the leases originally granted. He relies on G.O.Ms.No.74 dated 16.02.2002 wherein Government categorically directed the District Collectors concerned not to issue No Objection Certificate in respect of the lands identified as mineral rich area for any purpose other than mining. He further submits that nearly 500 families are depending on quarrying operations and cancellation of quarry lease at this juncture would affect their livelihood. 5. From the facts it is clear that a building was constructed for the purpose of junior college and the junior college was shifted to another place. Now a degree college is running in the premises by the petitioner. The renewal applications of the lessees, including the 5th respondent, are pending consideration before respondents 2 and 3. The ground situation has to be assessed by the concerned authorities but not by this Court and this Court cannot straight away issue a direction to the authorities to cancel quarry leases on the ground that the lessees are unauthorizedly using explosives resulting loss and damage to the property of the petitioner. 6. In the circumstances, this writ petition is disposed of directing respondents 2 and 3 to consider the interest of the petitioner and other general public while considering the application of the 5th respondent and other lessees for renewal of their leases. Appropriate decision in this regard may be taken by respondents 2 and 3 within a period of three months from the date of receipt of copy of this order and the same may be communicated to the petitioner and the 5th respondent. It is needless to say that if any order adverse to the interest of the parties is sought to be passed, they shall be given reasonable opportunity to submit their case. 7. Pending miscellaneous petitions, if any, shall stand closed in consequence. No costs. ________________________________ A. RAMALINGESWARA RAO, J Date: October 16, 2014 BSB HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.8402 of 2007 Date: October 16, 2014 BSB