HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH AND THE HONOURABLE SRI JUSTICE V.SURI APPA RAO WRIT PETITION NO. 15321 OF 2010 Tuesday, the Fifteenth day of February, Two Thousand and Eleven Between Kuruva Shankaraiah and another Petitioners AND The District Collector, Mahabubnagar and others Respondents THE COURT MADE THE FOLLOWING: ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) The petitioners who are devotees of Kurumurthy Devasthanam, situated at Chinachintakunta Village, Mahaboobnagar district, filed this writ petition seeking a direction to the respondents to stop the mining activities being permitted by them in Sy.No. 36 to an extent of Ac.310.26 acres situated at Tirumalapur village at Kurumurthy Swamy Temple Town, Chinna Chinta Kunta Mandal, Mahaboobnagar District. It is the case of the petitioners that Kurumurthy Swamy Temple is one of the ancient temples of Hindu Deity Sri Venkateshwara Swamy and its history goes back to the year 1837. While so, the respondents have issued notification, dated 28.8.2009 seeking objections for the grant of mining lease of the stone metal around the temple premises. Objections have been filed by the villagers opposing the mining activity, but inspite of their objections, the respondents are going ahead with the mining activity. The third respondent Tahsildar, Chinna Chinta Kunta Mandal filed counter stating that the Revenue Department has not granted No Objection Certificate as on today for the grant of mining lease and no mining activity is being conducted and on apprehension, this writ petition is filed. It is further stated that one V.Narasimha has applied for the grant of quarry lease in Sy.No. 36 to an extent of one hectare for a period of 15 years at Tirmalapur village of Chinna Chinta Kunta Mandal, Mahboobnagar District. The Assistant Director (Mines), Mahbubnagr, vide letter dated 24.2.2009 has sent his application to the office of the Tahsildar for enquiry and to submit a report. On receipt of the said letter from the Assistant Director, Mines, the revenue records have been verified and found that Sy.No. 36 to an extent of Ac.312.26 guntas is government land and out of the said extent, an extent of Ac.2.00 was assigned to cultivator as per the norms and the remaining land is fallow covered by hill and rocks and the said land is entered in the Prohibitory Order Book. However, A-1 notice has been issued and placed on the notice board of Gram Panchayat, Thirmalapur village. Meanwhile the Sarpanch of Tirmalapur Gram Panchayat was also requested to pass resolution regarding mining of the said land. In response to A-1 notice, several objection petitions have been filed by the villagers requesting not to lease out the said land for quarry purpose as it is located adjacent to Holy Temple of Lord Kurmurthy Swamy. The Tahsildar also inspected the proposed site along with villagers and found that the said land is adjacent to Holy Temple of Lord Kurmurthy Swamy. As such, a detailed report vide his letter NoB/825/09 dated 24.10.2009 was submitted to the District Collector, Mahbubnagar not to grant No Objection Certificate in view of existence of Holy temple, as several objections were received from the villagers and the Assistant Director (Mines), Mahabubnagar was also informed of the same and at present no mining activities are going on on the said land. But the Executive Officer, Kurumurthy Devasthanam, the fourth respondent, filed counter contrary to the averments of the counter filed by the revenue authorities, stating that Sy.No.36 is different one situated in Thirumalapur village and there is a distance of 5 KMs. from the temple are where mining activity is going on. The other averments about the importance and ancient history of the temple are admitted. It is also stated that no specific complaints are received against the mining aspect so far. It appears that the Executive Officer, Kurmurthy Devasthanam, without knowing about the revenue records and the complaints filed before the Revenue Authorities, has filed this counter. However, the Executive Officer has no role to play in the grant of mining lease. Having regard to the facts, we are of the opinion that unless the District Collector, Mahabubnagar, considers the detailed report submitted by the Tahsildar in Letter No. B/825/09 dated 24.10.2009, after affording reasonable opportunity to the petitioners and objectors No Objection Certificate shall not be granted in respect of the land in question for the purpose of granting mining lease by the Assistant Director (Mines), Mahabubnagar. The writ petition is accordingly disposed of. No order as to costs. ___________________ Justice V.Eswaraiah ________________________ Justice V.Suri Appa Rao February 15, 2011 MAS