IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION NO.20384 OF 2009 WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER, TWO THOUSAND AND NINE Between: A. Anasuya Devi .... Petitioner. And: The Government of Andhra Pradesh, rep. By its Secretary, Industries and Commerce Department, Secretariat, Hyderaband and 3 others. ....Respondents. THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.20384 OF 2009 ORDER: The matter is coming up for admission. The learned Assistant Government Pleader for Mines and Geology takes notice on behalf of the respondents No.1 and 4. The learned Assistant Government Pleader for Revenue takes notice on behalf of the respondents No.2 and 3. Smt N. Shoba, learned counsel representing the petitioner had drawn the attention of this Court to the order made by this Court in the writ petition No.8008 of 2008 dated 15.4.2008 and would maintain that inasmuch as in similar facts and circumstances, the writ petition was disposed of at the stage of admission and with similar direction, the present writ petition may also be disposed of. The learned Assistant Government Pleader for Mines and Geology had pointed to the certain points mentioned in the orders in the writ petition No.8008 of 2008 and would maintain that similar directions may be issued especially in the light of the G.O.Ms.No.181, Industries and Commerce Department dated 28.05.1998. Heard the counsel for both sides. This Writ Petition is filed seeking a writ of Mandamus to declare the Proceedings in Circular No.Rc.E1/3820/07, dated 11.08.2007 of the 2nd respondent as arbitrary, illegal, without jurisdiction and contrary to G.O.Ms.No.181, Industries and Commerce Department, dated 28.5.1998 and consequently call for the records and set aside the same and direct the Tahsildar to send report in terms of G.O.Ms.No.181, Industries and Commerce Department, dated 28.05.1998 and pass such suitable orders. Several facts had been narrated in the affidavit filed in support of the writ petition. It is stated that the petitioner submitted an application for grant of Quarry Lease for Gavel, Building Stone, Boulders (Road Metal) in an extent of Ac.350.00 cents in survey No.91 of Uttapalem village, Podalakuru Mandal, Nellore Distrit on 9.8.2007 to the Assistant Director of Mines and Geology in Form ‘B’ and in compliance with rules. The Assistant Director of Mines and Geology has acknowledged the same and forwarded to Thasildar Podalakuru as per the orders of the Government under G.O.Ms.No.181, Industries and Commerce Department, dated 28.5.1998 for Revenue Report on the classification and availability of land applied within the stipulated period of 30 days. It is further stated that with a view to expedite disposal of Prospecting Licene/Mining Lease and Quarry Lease applicationGovernment authorised Assistant Director of Mines and Geology of the concerned District to receive applications and in furtherance to the objective of expediting disposal, instructions were issued in G.O.Ms.No.181, Industries and Commerce Department, dated 28.5.1998 and directed all the officers of the Government at different levels for strict compliance of orders of Government. It is also stated that contrary to the directions and the procedure contemplated District Collector has issued circular in Rc.No.E1/3820/07, dated 11.8.2007, that in view of public interest and need of land in future, no Thasildar of the District shall send No Objection Certificate directly to the Assistant Director of Mines and Geology and that the Assistant Director of Mines and Geology shall forward to District Collector. The Thasildar shall enquire and shall send the report in prescribed questionnaire to the District Collector. Basing on which District Collector shall decide whether to issue Quarry Lease or grant and that he will send his decision to the Assistant Director of Mines and Geology only then further action can be taken by Assistant Director of Mines and Geology for forwarding application for grant and the circular instruction issued by District Collector is without jurisdiction and the District Collector is bound by the orders of Government, which is implemented in the entire state. It is also stated that the District Collector does not exercise the power either to sit in judgment over No Objection Certificate issued by Thasildar, Government Order in G.O.Ms.No.181, Industries and Commerce Department, dated 28.5.1998 does not vest any power of appeal or superintendence in Collector over No Objection Certificate issued by Thasildar under G.O., at best he could send report or his comments on No Objection Certificate issued by Thasildar to Director of Mines and Geology. It is also stated that No Objection Certificate is to find out if the Government have any claim over the land, over which lease is sought, or if there are any dues to the Government in respect of the land over which the lease is sought, power of superintendence is not vested with the collector he cannot direct the Mandal Revenue Officer or the Assistant Director of Mines and Geology to send the application to him hence the District Collector has assumed the power not vested in him. It is also stated that the Assistant Director of Mines and Geology has forwarded the application in terms of G.O.Ms.No.181, Industries and Commerce Department dated 28.5.1998 to the Thasildar. In view of the circular of the District Collector No Objection Certificate is not issued and application is kept pending. The order made in writ petition No.8008 of 2008 had also been referred to in para No.8 of the affidavit filed in support of the writ petition. This Court disposed of the writ petition No.8008 of 2008 on 15.4.2008 at the stage of admission with a direction to the Assistant Director of Mines and Geology, Nellore to forward the application to Tahsildar, Podalakuru Mandal, Nellore and thereafter Tahsildar shall send a report to the Assistant Director of Mines and Geology, Nellore by marking a copy to the District Collector, Nellore. In the light of the order in writ petition No.8008 of 2008, this Court is of the considered opinion that this Writ Petition also be disposed of. A perusal of G.O.Ms.No.181, Industries and Commerce Department, dated 28.5.1998 clearly reveals that it is only the Mandal Revenue Officer, who has to send the report to the Assistant Director of Mines and Geology, Nellore 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, Nellore but the same shall not be forwarded to the District Collector. Hence this Court is of the view that the Circular dated 11.8.2007 issued by the District Collector, Nellore is contrary to the spirit of G.O.Ms.No.181 dated 17.4.2008. Hence the Tahsildar, Podalakur Mandal, is hereby directed to send the application of the petitioner directly to the Assistant Director of Mines and Geology, Nellore, marking a copy of the same to the District Collector, Nellore. The Writ Petition, is disposed of, accordingly at the stage of admission. No order as to costs. _______________ P.S.NARAYANA, J September 23, 2009 GK. THE HON’BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION NO.20384 OF 2009 DATE:23.09.2009 GK.