THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No.19395 0F 2011 ORDER: 1 This writ petition is filed with the following prayer: “To issue a writ, order or direction more particularly one in the nature of writ of Mandamus: Declare the action on the part of the 5th respondent in non sending the report/NOC directly to the 2nd respondent herein regarding classification and availability of the land applied by the petitioner for grant of road metal and building stone over an extent of 2.000 hectares in old Survey No. Gap Area in New S.No.192 of Vanadurgapuram village, Palasamudram Mandal, Chittor District in terms of G.O.Ms.No.181, Industries and Commerce (MI) Department, dt.28.05.1998 amounts to erroneous, arbitrary and violative of Arts.14 and 21 of the Constitution of India besides being the said G.O.” 2 The case of the petitioner is that she submitted an application, dated 21.07.2010, for grant of road metal and building stone over an extent of 2.000 hectares in New Survey No.192 of Vanadurgapuram village, Palasamudram Mandal, Chittoor District, for a period 10 years, to the Assistant Director of Mines and Geology, Chittor– 2nd respondent herein. On receipt of the said application, the 2nd respondent forwarded one set of application to the Tahsildar, Palasamudram Mandal, Chittoor District – 5th respondent, for issuance of NOC regarding availability and classification of the land, and the latter deputed a surveyor to inspect and survey the area and to submit report. But the 5th respondent proposed to send the report through Revenue Divisional Officer, Chittoor, Chittoor District – 4th respondent, which is contrary to the orders issued by the Government in G.O.Ms.No.181, dated 28.05.1998. The grievance of the petitioner is that though it is obligatory on the part of the 5th respondent, in terms of the G.O. stated supra, to send a report to the concerned official, i.e., 2nd respondent herein, he is not taking any action. 3 On instructions, it is submitted by the learned Government Pleader appearing for the respondents that in Chittoor District a circular, dated 14.04.2008, has been issued by the District Collector, Chittoor, instructing the Tahsildars not to send reports directly to the Assistant Director of Mines and Geology and they have to be sent to the District Collector himself. 4 For expeditious disposal of the applications for grant of Prospecting Licences etc., the Government has issued detailed guidelines fixing the time limit at different levels vide G.O.Ms.No.181, dated 28.05.1998. From a perusal of the said G.O., it is clear that on receipt of the applications, the Assistant Director of Mines and Geology is required to send one set of application to the Mandal Revenue Officer concerned to report on the category and availability of the land. On such receipt, the Mandal Revenue Officer is required to send his report to the Assistant Director, Mines and Geology, within a period of 30 days duly marking a copy to the District Collector. In that view of the matter, the instructions issued by the District Collector through circular, dated 14.04.2008, are contrary to the orders issued by the Government in G.O.Ms.No.181, dated 28.05.1998. 5 Hence, the 5th respondent is directed to send his report on the application of the petitioner for grant of quarry lease for black granite over an extent of 2.000 hectares in New Survey No.192 of Vanadurgapuram village, Palasamudram Mandal, Chittoor District, with regard to availability and classification of the land to the 2nd respondent by marking a copy of the same to the District Collector – 3rd respondent herein. The report shall be sent within a period of four weeks from today. It is, however, made clear that the respondents shall consider the application of the petitioner on its own merit, in accordance with the Andhra Pradesh Minor Mineral Concession Rules, 1966 framed under the Mines and Minerals (Regulation and Development) Act, 1957. 6 With the above directions, the writ petition is disposed of. No order as to costs. ---------------------------- ASHUTOSH MOHUNTA, J 12.07.2011 Kvsn