IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.9809 of 2008 Between: Parada Venkanna Dora S/o.Yarrayya Dora R/o.Kannaram, Rampachodavaram Mandal, E.G.District. ..... PETITIONER AND 1 The Asst. Director of Mines & Geology, Rajahmundry, East Godavari District. 2 The Tahsildar (MRO), Rampachodavaram, East Godavari 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 will be pleased to to issue a writ, order or direction more particularly one in the nature of Writ of mandamus declaring the action of the Second Respondent in interfering with peaceful position and carring quarry operations in survey numbers 58 of K.Yerrampalem Village, Rampachodavaram Mandal, East Godavari District, without any right and without any manner, as illegal, arbitrary and pass such other order and orders. Counsel for the Petitioner: MRS.V.SESHA KUMARI Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following: Form-NIC-OGS/WP{KURR} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.9809 of 2008 O R D E R: Heard both the counsel. It is the case of the petitioner that he made an application before the 1st respondent-Assistant Director of Mines & Geology, Rajahmundry, East Godavari District for the grant of lease of road metal over an extent of 0.500 hectors in Sy.No.58 of K.Yerrampalem village, Rampachodavaram Mandal, East Godavari District and after receiving his application, the 1st respondent called for the report from the 2nd respondent-Tahsildar, Rampachodavarm, relating to grant of lease in favour of the petitioner. It is stated that a report has been submitted by the 2nd respondent in favour of the petitioner, and accordingly, the lease has been granted by the 1st respondent vide proceedings No.2125/Q1/2004, dated 28.10.2004, subject to Conditions of Form-G, for a period of 10 years. It is stated that as per Condition No.7 (5) of Form-G of the Lease Agreement, the lessee/petitioner shall not part with the possession of the demised land or any part thereof without the written consent of the lessor first obtained. It is stated that there is no problem from the 1st respondent in carrying on the quarrying operations, but the 2nd respondent, without any authority or jurisdiction whatsoever to interfere with the right of the petitioner, is illegally preventing the petitioner in carrying out the quarrying operations, and hence, the petitioner seeks to issue a Writ of Mandamus, directing the 2nd respondent not to interfere with his peaceful possession and carrying on the quarrying operations in the leased premises. The learned Government Pleader, appearing for the 1st respondent, submits that the Mandal Revenue Officer submitted a report in Reference No.B/70/2008, dated 08.03.2008 informing that the petitioner has subleased the quarry to a non- tribal and thus violated the conditions of the lease agreement. The learned Government Pleader agrees that the 2nd respondent cannot take any action, but only the 1st respondent is empowered to take appropriate action, in accordance with law, after giving a reasonable opportunity of hearing to the petitioner. Having regard to the facts and circumstances of the case, the Writ Petition is disposed of, directing the 2nd respondent not to interfere with the right of the petitioner in carrying on the quarrying operations in the leased premises. However, it is open for the 1st respondent-Assistant Director of Mines & Geology to take appropriate action against the petitioner, in accordance with law, after giving a reasonable opportunity of hearing to the petitioner,. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 30.04.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Chief Secretary General Administration ( Law & Order), Department, Govt of A.P., Secretariat Buildings, Hyderabad. 2 The District Collector-Cum-Magistrate, District Collector Office, Kadapa. 3 The Joint Collector, Kadapa, Kadapa district. 4 The Superintendent of Police, District Police Office, kadapa District. 5 The Circle Inspector, Railway Kodur, Kadapa District. 6 The Mandal Revenue Officer, Railway Kodur Mandal, Kadapa district. 7.2CCs to 8.2CD copies