IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 20132 of 2007 Between: M/s.Veerabhadra Minerals Private Limited, # 101, Sri Sri Sannidhi, Hindinagar, Punjagutta, Hyderabad rep. by its Managing Director Sri G.V.Pratap Reddy S/o.Sri Veera Reddy, aged about 46 years. ..... PETITIONER AND 1 The Director of Mines & Geology, Department of Mines and Geology, BRKR Bhavan, Tank Bund, Hyderabad. 2 The Deputy Director of Mines and Geology Department of Mines and Geology, Guntur. 3 The Assistant Director of Mines and Geology Department of Mines and Geology, Ongole. 4 The Revenue Divisional Officer, Ongole. 5 The Tahsildar Cheemakurthy Mandal, Prakasam District. 6 The Superintending Engineer, Department of Roads and Buildings, Hyderabad. 7 M/s.Anand Granite Exports Private Limited, # 58-12-2, Municipal High School Road, Santhapet, Ongole - 523 001, rep. by its Director Dr.P.Anand, S/o.late Sri Narasimha Rao, aged about 69 years. 8 M/s. Shivshanker Granites Private Limited, having its Quarry in Sy.No.518 (Part) of Cheemakurthy village, adjacent to Quarry Office of M/s. Anand Granite Exports Private Limited, Cheemakurthy, Prakasham District, rep. by its Managing Director Sri.G.Veera Reddy. .....RESPONDENT(S) 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 Respondents 1 to 5 in not conducting joint survey from the reference point i.e., the revenue stone adjoining to R & B Road as illegal, arbitrary and discriminatory and direct the Respondents 1 to 6 to conduct simultaneous joint survey with Electronic Total Station (ETS) Instrument and also with survey chain along theodolite instrument in Survey Nos. 576(P), 576/2, 581(P), 933/1(P), 933/1 & 2, 960 and 981(P) of Cheemakurthi Village, starting from reference point fixed by the Revenue and R & B Departments, on the north-eastern side of the Petitioner's site in Survey No.581 (P) of Cheemakurthi adjoining 60 Meters R & B Road, which leads from Ongole to Podili, and pass such other order or orders. Counsel for the Petitioner:MR.B.CHANDRASEN REDDY Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : ORDER: Heard the counsel. 2. The writ petition is filed for a writ of Mandamus declaring the action of respondents 1 to 5 in not conducting joint survey from the reference point i.e., the revenue stone adjoining to R & B Road, as illegal, arbitrary and discriminatory and direct the respondents 1 to 6 to conduct simultaneous joint survey with Electronic Total Station (ETS) Instrument and also with survey chain along theodolite instrument in survey Nos.576(P), 576/2, 581(P), 933/1(P), 933/1 & 2, 960 and 981(P) of Cheemakurthi village, starting from reference point fixed by the Revenue and R & B Departments, on the north-eastern side of the petitioner’s site in survey No.581 (P) of Cheemakurthi adjoining 60 metres R & B, which leads from Ongole to Podili and pass such other suitable orders. 3. The proceedings dated 03.3.1998 and also dated 08.02.2007 had been referred to in the affidavit filed in support of the writ petition. Several facts had been narrated in detail in the affidavit filed in support of the writ petition. 4. In the counter-affidavit of third respondent it is stated that the Deputy Director of Mines & Geology, Guntur and the Supervising Officer, specially appointed by the Director of Mines & Geology on this issue, vide Lr.No.3285/Q/2007, dated 19.12.2007, had requested the Assistant Director, Survey & Land Records to fix up the responsibility on the revenue surveyor and the inspectors of Survey and Land Records for fixation of revenue stones on ground and to show them to both the leaseholders as well as other members of the team in the presence of the Assistant Director, Survey and Land Records. The Deputy Director of Mines & Geology, Guntur, had also requested to furnish a detailed report in the matter with angular or co-ordinates data at an early date. The report is still awaited in the matter. It is also stated that the Assistant Director, Survey and Land Records was already requested to fix up the revenue stones on ground in respect of the said survey numbers. As such, if once the revenue stones are fixed by the Revenue Department, the reference point on R & B road adjoining to the area under dispute will also be fixed and located. Along with other points, the particular point will also be considered during identification of lease boundaries. 5. In the counter-affidavit of 7th respondent several averments had been made in detail and the averments made in para 9 of the counter-affidavit had been specifically pointed out. 6. However, in the light of the specific stand taken in the counter-affidavit of Respondent No.3, this court is of the considered opinion that the writ petition be disposed of directing respondents to fix the revenue stones with reference to the point on R & B road adjoining to this area at an early date and further conduct survey from the said point within a period of four weeks from the date of receipt of a copy of this order. 7. The writ petition is disposed of accordingly. No order as to costs. ___________________ (P.S. NARAYANA, J) Date: February 26, 2008. Note: Issue CC in two days. //B.O.// BSB ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KURR}