IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 19788 of 2008 Between: Rama Krishna Rice Mill, Situated in sy.No. 489, Bodaguttapalli Village, Rep. by its Managing Partner Sri G. Laxminarayana, S/o. Pochaiah, Aged 51 Years, Occ: Business, R/o. Kannala Village, Kamanpur Mandal, Karimnagar District. ..... PETITIONER AND 1 The Director of Mines and Geology, Hyderabad. 2 The Regional Deputy Director of Mines and Geology, Warangal. 3 The Assistant Director of Mines and Geology, Karimnagar. 4 The District Collector, Karimnagar. 5 The Revenue Divisional Officer, Manthani, Karimnagar District. 6 The Tahsildar, Kamanpur Mandal, Karimnagar District. 7 M/s. Sri Anjaneya Waddera & B.C. Labour Contract Co- operative Society Limited, Rep. by its President Sri Sura Sammaiah, S/o. Not Known, Aged 24 Years, R/o. H.No. 7- 165, G.D. Nagar, H/o. Kannala Village, Kamanpur Mandal, Karimnagar 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 issue any appropriate Writ, Order or direction more in the nature of Writ of Mandamus directing the Respondents 1 to 3 not to grant quarry lease for stone and metal in Sy.No. 493 of Kannala Village, Kamanpur Mandal, Karimnagar District more particularly in respect of the area situated towards northern side of the Bodagutta Hillock in sy.No. 493 extent 2-50 Hectareas in favour of 7th Respondent or any other persons by duly declaring the action of the Respondents 1 to 3 in taking steps to grant quarry lease for stone and metal in Sy.No. 493 of Kannala Village, Kamanpur Mandal, Karimnagar District in respect of the area situated towards northern side of the Bodagutta Hillock in sy.No. 493 extent 2-50 Hectares in favour of 7th Respondent inspite of objections filed by the inhabitants of that area including the management of the Petitioner Mill and also other effected parties contrary to the report submitted by the Tahsildar, Kamanpur Mandal, vide his Lr.No. B/1159/2006 dated 3-3-2007 as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India. Counsel for the Petitioner: MR.V.RAVI KIRAN RAO Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following ORDER: THE HON'BLE SRI JUSTICE C.V.RAMULU Writ Petition No.19788 of 2008 Order: This writ petition is filed seeking a writ of Mandamus declaring the action of respondents 1 to 3 in proposing to grant quarry lease for stone and metal in Survey No.493 of Kannala Village, Kamanpur Mandal, Karimnagar District, more particularly in respect of the area situated towards northern side of the Bodagutta Hillock in Survey No.493 to an extent of 2.50 hectares, in favour of the seventh respondent or any other persons, in spite of objections filed by inhabitants of the area, including the petitioner-Mill, and contrary to the report submitted by the Tahsildar, Kamanpur Mandal, dated 03.03.2007. It appears, the petitioner is a rice mill situated in Bodaguttapalli Village, hamlet of Kannala Village, Kamanpur Mandal, Karimnagar District. Its grievance is that the case of the seventh respondent is being considered for grant of quarry lease for stone and metal in Survey No.493 of Kannala Village, in spite several complaints being made by the inhabitants of the Village and the Management of the petitioner-Mill and also contrary to the report of the Tahsildar, Kamanpur, dated 03.03.2007. Therefore, the action of the respondents in proposing to grant lease in favour of the seventh respondent, vide proceedings, dated 24.01.2008, is arbitrary and illegal. The learned counsel for the seventh respondent has filed a counter affidavit denying the allegations made by the petitioner. It is asserted that the writ petition is premature and the proceedings, dated 24.01.2008, is nothing but a notice asking the seventh respondent/applicant to attend the enquiry for the purpose of survey and deciding the matter. The learned counsel for the petitioner also stated that the proceedings, dated 24.01.2008, is nothing but a notice asking the seventh respondent to attend the survey and inspection on 01.02.2008 and if the applicant (the seventh respondent) does not attend the inspection, the application would be rejected. This, according to the petitioner, is a step taken towards grant of lease in favour of the seventh respondent. I am of the opinion that the proceedings, dated 24.01.2008, is only a notice asking the seventh respondent to attend the inspection and survey of the land, and it cannot be construed that neither a decision is taken for grant of quarry lease nor the report of the Tahsildar, Kamanpur dated 03.03.2007 is rejected. Under those circumstances, without going into the merits of the case, the writ petition is disposed of directing the Assistant Director of Mines and Geology, Karimnagar, the third respondent herein, to proceed with the matter as per the proceedings, dated 24.01.2008, by issuing a fresh notice. During the survey, the petitioner may also be issued a notice, so that the Management of the petitioner-Mill can also be present there and make any objections, if necessary. However, while taking final decision, the second respondent shall take into consideration the objections filed by the villagers, including the petitioner herein, and also the report submitted by the Tahsildar, Kamanpur dated 03.03.2007, as per law and complete this exercise within a period of six weeks from the date of receipt of a copy of this order. No costs. _________________ C.V.Ramulu, J. Date: 04.03.2009 VGB