IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 5694 of 2008 Between: D.Vani Sree, rep.by GPA Holder G.Sreenivas Reddy S/o.G.Janardhan Reddy R/o.45-142-26-88A, Machani Sumappa Near Venkataramana colony, Kurnool ..... PETITIONER AND 1 The Government of India., rep.by its Secretary Ministry of Mines, New Delhi. 2 The Government of Andhra pradesh, rep.by its Secretary Industries & Commerce Department, Secretariat, Hyderabad. 3 The Director of Mines & Geology, BRKR Bhavan 8th floor, Tank Bund Road, Hyderabad. 4 The Asst.Director, of Mines & Geology Kurnool. .....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 writ or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent in not passing orders on the application of the petitioner dated 29.4.2004 for Mining Lease over an extent of Ac.99.00 in SY.No.634 of Narsapuram village, Veldurthy Mandal, Kurnool District and not granting the Mining Lease as arbitrary, illegal, unjust and violative of Mines and Minerals (Development & Regulation) Act, 1957 Mineral Concession Rules,1960 and G.O.ms.No.181 Industries and Commerce (M.I) Department dated 28.5.1998 and pass such other or further orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: SMT.N.SHOBA Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following: THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA WRIT PETITION NO.5694 of 2008 ORDER: The grievance of the petitioner is that though she gave an application on 29.4.2004 to the 4th respondent for grant of quarry lease over an extent of 99 acres in Survey No.634 of Narsapuram village, Veldurthy Mandal, Kurnool District, the same is not yet disposed of. 2. Heard the learned counsel for the petitioner. 3. When a representation is given, in the normal circumstances, the authority shall pass an order either accepting it or rejecting it and it is not proper for the authority to keep the person in darkness. Hence, this Court is of the view that the 4th respondent can as well be directed to dispose of the application of the petitioner dated 29.4.2004, and if the petitioner satisfies all the requirements and is entitled for grant of the said quarry lease, the same may be considered, within a period of eight (08) weeks from the date of receipt of a copy of this order. 4. With the direction indicated above, the Writ Petition is disposed of at the admission stage. There shall be no order as to costs. --------------------------- 17.03.2008 SSR To 1 The Secretary Ministry of Mines, Government of India, New Delhi. 2 The Secretary Industries & Commerce Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 3 The Director of Mines & Geology, BRKR Bhavan 8th floor, Tank Bund Road, Hyderabad. 4 The Asst.Director, of Mines & Geology Kurnool. 5 2CCs to G.P. for Mines & Geology, (OUT) 6 2CD copies Form-NIC-OGS/WP{TRK}