IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 8963 of 2008 Between: M/s. K.K.S.Exports Proprietor, K.S.Ramesh, H.O.#39-A/3, Jayapuram, Tindivanam, Tamil Nadu. rep. by its G.P.A.Holder, Vedam, S/o. Late Deva Anbu, Age.35 Years, R/o. Pasumanda ( V ), Naharihharipatta Post, Gudipala Mandal, Chittoor Dist. ..... PETITIONER AND 1 The Director of Mines and Geology, 8th Floor, BRKR Building, Tank Bund Road, Hyderabad. 2 The Divisional Forest Officer, Chittoor East ( WL ) Division Chittoor Distrcit. 3 The Forest Range Officer, Chittoor. 4 The Asst. Director of Mines and Geology, Chittoor. 5 M/s. Sai Sony Granites, Rep. by V.Parthasarathy Naisu R/o. D.No. 4/188, Balaji Nagar Colony, Grampet, Chittoor. .....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 to issue an order or writ one in the nature of writ of Mandamus, declaring the action of he respondents in not holding survey and joint inspection on the application of the petitioner dt. 09-08-2006 for grant of quarry lease for Bank Granite in compartment No. 456, Basavapalle Reserve Forest, Gudipala Mandal, Chittoor District in accordance with the maps enclosed and not considering the representation of teh petitioner dt. 06-04-2008, 07-04-2008, 10-04-2008 for re-survey in accordance with the application and its sketches recommending the area applied by the petitioner in favour of Respondent No. 5 as arbiotrary, illegal, unjust, contrary to Act and Rules and pass Counsel for the Petitioner:SMT.N.SHOBA Counsel for the Respondent No.: GP FOR INDUSTRIES & COMMERCE The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 8963 of 2008 ORDER: Petitioner states that it submitted an application to the 1st respondent for grant of quarry lease over an extent of 3.000 hectares in Compartment No.456 of Basavapalle Reserve Forest, Gudipala Mandal in Chittoor District, as per the rules, enclosing the sketch for identification of the area, and the same was received by the first respondent on 09.08.2006. Thereafter, the application of the petitioner was forwarded to the authority concerned. Be that as it may. The 5th respondent also submitted an application on 22.05.2006 for quarry lease over an extent of 5.000 hectares duly enclosing the sketch for identification of the area. However, in the sketch annexed by the 5th respondent the area identified by the petitioner is shown as that of the area identified by the 5th respondent. The respondent authorities conducted joint survey as per the area identified by the 5th respondent, without verifying whether the application of the 5th respondent corresponds to its sketch and without giving any notice to the petitioner, and thereby informed the petitioner that lease cannot be granted to it as the application of the petitioner overlaps the application of the 5th respondent. Therefore, objecting the said action, petitioner made representations to the respondents to conduct resurvey in accordance with its application and sketches, but in vain. Hence, this writ petition. Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Industries and the learned Government Pleader for Forest. Having regard to the fact that the petitioner’s representations for conducting resurvey are pending consideration with the respondents, without going into the merits of the case, this Court is of the view that this writ petition can be disposed of directing the respondents to consider the representations of the petitioners. Accordingly, the writ petition is disposed of, at the stage of admission, directing the respondents to consider the representations of the petitioners dated 06.04.2008, 07.04.2008 and 10.04.2008 and pass appropriate orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 2nd May 2008 Sh To 1 The Director of Mines and Geology, 8th Floor, BRKR Building, Tank Bund Road, Hyderabad. 2 The Divisional Forest Officer, Chittoor East ( WL ) Division Chittoor Distrcit. 3 The Forest Range Officer, Chittoor. 4 The Assistant Director of Mines and Geology, Chittoor. 5 Two C.Cs to 6 Two C.D. copies.