IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.22226 of 2009 Between: K.Shawkath Basha, S/o. K.Giddu Saheb ..... PETITIONER AND The Director of Mines and Geology, Government of Andhra Pradesh, BRKR Bhavan, Tank Bund, Hyderabad and others ....RESPONDENTS Counsel for the Petitioner : Counsel for the Respondents : The Court made the following : THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION No.22226 OF 2009 ORDER: The matter is coming up for admission. 2. Learned Assistant Government Pleaders, Revenue and Mines and Geology, had taken notice and requested time to get instructions. 3. An additional affidavit was filed by the writ petitioner. 4. This writ petition is filed for a writ of mandamus declaring action of the respondent Nos.2 and 3 in not allowing the petitioner to carry out the quarry operations over an extent of Ha.2.00 in Survey Number 539 of Thettu Village, Kurabalakota Mandal, Chittoor District as illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and further to declare that the petitioner is entitled to carry out the quarry operations till the expiry of lease period or termination. 5. It is stated that the petitioner was granted lease by proceedings dated 30-12-2006 by the Director of Mines and Geology, Hyderabad. It is further stated that on 27-02-2007, a lease deed was executed by respondent No.2, Assistant Director, Mines and Geology, Palameneru and while so, a show cause notice, dated 19-06-2009, was issued to the petitioner. Therefore, the petitioner questioned the show cause notice by filing W.P.No.13950 of 2009 and the same was disposed of. It is further stated that all of a sudden at the instance of respondent No.3, respondent No.2 and his men arrived at the quarry site on 12-10-2009 and taken away certain equipment required for quarrying operations, orally warning the petitioner that he had to stop the quarrying operations, without issuing any proceedings or orders in this regard. 6. In the additional affidavit filed by the petitioner, specific stand had been taken that the petitioner submitted his explanation to the show cause notice. 7. In the light of the facts and circumstances, inasmuch as it is stated that an explanation had already been submitted to the show cause notice and it is also brought to the notice of the Court that the Deputy Director of Mines and Geology, Chittoor, is the competent authority and the said Deputy Director is not impleaded as a party, let the Assistant Director of Mines and Geology, Palmaneru, respondent No.2, forward these papers immediately to the Deputy Director of Mines and Geology, Chittoor, and let him dispose of the matter by making appropriate order, preferably within a period of four weeks from the date of receipt of a copy of this order. Till then, the respondents are directed not to interfere with the quarry operations of the petitioner. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. ___________________ P.S.NARAYANA, J October 23, 2009 Note: Furnish C.C. of the order within two days. B/O.MD