IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO : 20608 of 2009 Between: Sri Sai Mineral rep. By its Managing partner, B.I.Manjunadha Reddy and two others. ... Petitioners AND 1 The Govt of A.P rep.by its Industries & Commerce Department Secretariat, Hyderabad 2 The Director of Mines & Gelogy Govt of A.P Hyderabad 3 The District Collector Nelloree SPSR Nellore Dist 4 The Revenue Divisional Officer Gudur SPSR Nellore Dist ...Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus declaring the action of the respondents in including the silica sand mine lands in SEZ and not issuing permission in favour of petitioners in respect of the land to which the petitioner have applied fro extract of silica sand as illegal and arbitrary and consequently direct the respondents to delete the silica sand mine lands from SEZ and grant lease in favour of petitioners or allot alternative land or pay the compensation Counsel for the Petitioner: MR.P.GANGA RAMI REDDY Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following : ORDER: - This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to declare the action of the respondents in including the silica sand mine lands in Special Economic Zone and not issuing permission in favour of the petitioners, in respect of the land in which the petitioners have applied for extraction of silica land, is illegal and arbitrary. It is not in dispute that the 2nd respondent – the Director of Mines and Geology, recommended for grant of lease for extraction of silica sand, over an extent of Ac.11-92 in S.No.161/9 and 240/1P of East Kanupur village and Ac.12-13 in S.No.699/A and Ac.12-00 in S.No.698/B of Kothapatnam village and that the application of the petitioners along with the recommendation of the Assistant Director of Mines and Geology was submitted to the Government and the Government in turn issued a memo No. 19548/M1(2)/2005-1, dated 04.05.2006, directing the petitioners to submit the mining plan approved by the 2nd respondent, for the area referred, within a period of six months and accordingly, the plan was submitted to the Government on 25.11.2008. In the meanwhile, the land in question along with the other lands were proposed to include in the Special Economic Zone. Therefore, the grievance of the petitioners is that, while his representation is pending with the Government, the inclusion of the land in Special Economic Zone, is arbitrary. Admittedly, as on today, the lease was not granted in favour of the petitioners. Therefore, appropriate decision has to be taken by the Government, whether to include the land in the Special Economic Zone or not. Therefore, the first respondent has to pass appropriate decision in pursuance of the representation of the petitioners dated 05.09.2009, and also the memo issued by the Government, dated 04.05.2006. Hence, the writ petition is disposed of directing the first respondent to take appropriate decision on the representations of the petitioners dated 05.09.2009, as early as possible. There shall be no order as to costs. _______________ (K.C.BHANU, J.) 24th September 2009 LMV