THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 21999 OF 2011 O R D E R : This Writ Petition has been filed complaining that the application filed by the writ petitioner for quarry lease over an extent of 4 hectares of land situate in Survey No. 368, Saidapoor Village, Saidapoor Mandal, Karimnagar District, for the purpose of extraction of colour granite for a period of 20 years, has not been processed so far, notwithstanding the policy decision announced by the State Government through their G.O.Ms.No. 181 Industries and Commerce (Mines-I) Department, dated 28.05.1998. It is the case of the writ petitioner that it has submitted an application in Form-P to the Assistant Director of Mines and Geology, Karimnagar on 15.12.2010 seeking grant of quarry lease over an extent of 4 hectares of land situate in Survey No. 368 of Saidapoor Village, Saidapoor Mandal, Karimnagar District. It is also its case that the Mandal Revenue Officer, Saidapoor has granted ‘No Objection Certificate’ with reference to the said land on 04.07.2011 and in spite of the same, no orders are passed on its application. When the matter appeared on 04.08.2011, the learned Government Pleader for Mines and Geology has taken time to secure instructions in the matter. He submits today, upon receipt of instructions, that the Mandal Revenue Officer, Saidapoor Mandal has filed contradictory reports in the matter, once on 18.01.2011 reporting the classification of the land in Survey No. 368 of Saidapoor Village as ‘bancharai’ over an extent of Ac.120.00 and that the said land has been proposed for afforestation purposes and further, the land is situate only at a distance of 2 K.Ms. from the mandal headquarters and hence, he declined to grant the ‘No Objection Certificate’ for quarrying the colour granite over the applied area. However, the same Tahasildar has again reported on 04.07.2011 that land in Survey No. 368 is classified as ‘parampogu’ and that since there are no temples, etcetera in the said land, he has no objection for grant of quarry leases in favour of the applicant. It is pointed out by the Assistant Director of Mines and Geology that based upon the earlier report dated 18.01.2011 of the Tahsildar, Saidapoor Mandal, a combined proposal has been sent up to the Director of Mines and Geology for rejection of the application, but however, in view of the conflicting report sent up by the Tahsildar on 04.07.2011, the matter has now been referred to the District Collector, Karimnagar, who, in turn, has pointed out that the Chief Commissioner of Land Administration, has passed on necessary instructions not to grant any quarry leases with reference to the bancharai land, as the said bancharai land cannot be converted as Assessed Waste Dry(AWD) land and without the land being classified as AWD, no quarry lease can be granted over the said land. However, the fact remains that it is the Director of Mines and Geology, who is the competent authority to entertain any application for grant of quarry leases with regard to the mineral granite. It is only therefore, appropriate that the Director of Mines and Geology, if necessary, after consultation with the Chief Commissioner of Land Administration, consider the classification of the land in question, and then take an informed decision as to whether the application of the writ petitioner for grant of quarry lease should be processed or not. Let the decision be taken within a period of six weeks from the date of receipt of a copy of this order and the same be communicated to the writ petitioner. The Writ Petition with this order stands disposed of. No costs. ---------------------------------------------- (NOOTY RAMAMOHANA RAO, J) 10th August 2011 ksld