HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.21322 of 2010 Date: December 21, 2011 Between: C. Shashi Kumar … Petitioner And 1. The Union of India, rep. by its Secretary, Ministry of Mines, New Delhi & 3 others. … Respondents * * * HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.21322 of 2010 O R D E R: Petitioner herein has filed application dated 31.7.2004 with the 4th respondent seeking prospecting licence for extraction of Iron ore and Manganese in the Government land bearing Survey Nos.291 and 292 of Errabelli village and Survey Nos.607, 608 and 609 of Kothapally village as well as Survey Nos.495 and 496 of Damera village, Huzurabad Mandal, Karimnagar District. The 4th respondent said to have acknowledged the same on 02.8.2004. On the ground that no further action has been taken by the 4th respondent, the present writ petition is filed. 2. The petitioner has placed reliance upon Rule 9 of the A.P. Minor Mineral Concession Rules, 1966, and complains of inaction on the part of the 4th respondent on the ground that his prospective licence is required to be considered on first come first serve basis. But the 4th respondent is not willing to process the petitioner’s application ignoring the statutory provisions and hence this writ petition is filed. 3. The respondents have filed counter-affidavit inter alia accepting that petitioner’s application is pending since 02.8.2004 and that the Manndal Revenue Officer, Elkathurthi Mandal has also sent his no objection reports with regard to other applicants who applied even before the petitioner. The Mandal Revenue Officer has also informed that the Division Forest Officer, Karimnagar, has reported that an extent of 1551.16 acres is in the reserve forest block of Inuparathi Guttalu and under Section 24 of Reserve Forest Act, no mining work can be taken unless permission from the Conservator of Forests is taken. The counter-affidavit states that for the purpose of seeking approval from the authority under the Forest Conservation Act, the petitioner was asked to deposit 7 sets of applications in the prescribed format as per the letter of Principal Chief Conservator of Forests dated 12.02.2008 and on the date of counter-affidavit the said sets were not furnished by the petitioner. The counter-affidavit also refers to several other applicants who were said to have applied for different extents and that those applications are also pending. 4. Learned counsel for the petitioner states that after the directions of this Court dated 12.10.2011, the petitioner has supplied 7 sets in the prescribed proforma with all the documents annexed thereto in conformity with the rules and as such there is no impediment for the 4th respondent to forward the said sets of documents to the authority under Forest Conservation Act for consideration. 5. Learned Government Pleader for Mines and Geology fairly states that the petitioner has filed the requisite number of sets and the Assistant Director of Mines and Geology shall take appropriate steps for forwarding the same to the Forest Conservation Officer for further processing of the petitioner’s application. 6. In view of that, the grievance of the petitioner as to inaction of the 4th respondent does not survive. The writ petition is accordingly disposed of directing the 4th respondent to take appropriate steps for forwarding petitioner’s application to the competent authority under Forest Conservation Act within four weeks of receipt of copy of the order and take further steps in accordance with law. No costs. 7. As a sequel to disposal of the writ petition, W.P.M.P. No.27125 of 2010 shall stand dismissed. _____________________________ VILAS V. AFZULPURKAR, J. Date: December 21, 2011. BSB