IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.8008 of 2008 Between: M/s. Seven Hills Constructions, rep. by its Proprietor S. Praveena, w/o S. Vijaya Sekhar, r/o M.L.A. Colony, Banjara Hills, Hyderabad. ... PETITIONER AND 1. The Government of Andhra Pradesh, rep. by its Secretary, Industries & Commerce Department, Secretariat, Hyderabad. 2. The District Collector, Nellore. 3. Thasildhar, Ozili Mandal, Nellore District. 4. The Assistant Director of Mines and Geology, Nellore, Nellore District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue an order or writ one in the nature of writ of mandamus, declaring the proceedings in Circular No.Rc.E1/3820/07, dated11.08.2007 of respondent No.2 as arbitrary, illegal, without jurisdiction and contrary to G.O.Ms.No.181, Industries and Commerce Department, dated 28-05-1998 and consequently call for the records and to set aside the same and to pass such other orders. Counsel for the Petitioner: SMT.N.SHOBA Counsel for the Respondent No.1: GP FOR INDUSTRIES Counsel for the Respondent Nos. 2&3: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR MINES AND GEOLOGY The Court made the following: ORDER: - Petitioner, M/s. Seven Hills Constructions, represented by its proprietor, filed the present writ petition stating that it has submitted an application on 01-02-2008 in Form – B, for grant of quarry lease for Building Stone, Boulders (Road Metal) over an extent of Acs.50-00 in Sy.No.1 of Polipadu village, Ozili Mandal, Nellore District, to the Assistant Director of Mines and Geology, who in turn forwarded the same to the Thasildar, Ozili Mandal in terms of G.O.Ms.No.181, Industries and Commerce Department, dated 28-05-1998. Despite the said reference by the Assistant Director, no orders have yet been passed. It is stated that as the District Collector, Nellore issued a Circular dated 11-08-2007 stating that no subordinate officers have any right to give no objection certificate independently and the same shall be forwarded to the office of the District Collector, the petitioner approached this Court and filed the present writ petition. 2. Heard learned counsel for petitioner as well as the learned Government Pleaders for Mines & Geology, Industries and Revenue. 3. A perusal of G.O.Ms.No.181, Industries and Commerce Department, dated 17-04-1998 clearly reveals that it is only the Mandal Revenue Officer, who has to send the report to the Assistant Director of Mines and Geology within a period of 30 days from the date of receipt of the application by the Assistant Director of Mines and Geology. The only requirement is to mark a copy of his report to the District Collector, but the same shall not be forwarded to the District Collector. Hence, this Court is of the view that the Circular dated 11-08-2007 issued by the District Collector, Nellore is contrary to the spirit of G.O.Ms.No.181 dated 17-04-2008. Hence, the Assistant Director, Mines and Geology is hereby directed to send the application of the petitioner dated 01-02- 2008 directly to the Thasildar, Ozili Mandal, marking a copy to the District Collector, Nellore. 4. Accordingly, the writ petition is disposed of at the stage of admission. No order as to costs. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.15-04-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Government of Andhra Pradesh, rep. by its Secretary, Industries & Commerce Department, Secretariat, Hyderabad. 2. The District Collector, Nellore. 3. Thasildhar, Ozili Mandal, Nellore District. 4. The Assistant Director of Mines and Geology, Nellore, Nellore District. 5. 2CCs to 6. 2CD copies Form-NIC-OGS/WP{MSN}