IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 28291 of 2008 Between: M/s Vijaya Mining Company, Rep by its Managing Partner, Sri Kotla Giridhar Reddy, S/o. K.V. Krishna Reddy, Aged 35 years Occ: Business, Gutupalli: Village, Bethamcherla Mandal, Kurnool District. ..... PETITIONER AND 1 The Government of India, Rep by Secretary to the Governemnt, Ministry of Mines, New Delhi 2 The Government of Andhra Pradesh, Rep by its Secretary to the Governemnt, Industries and commerce Department, Secretariat, Hyderabad, A.P., 3 Director of Mines and Geology, BRKR Bhavan, 8th Floor, Tank Bund road, Hyderabad, A.P., 4 The Assistnat Director of Mines and Geology, Kurnool, Kurnool District, AP., .....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 an order or writ, more particularly in the nature of writ of mandamus declaring the action of Respondents in not granting the mining lease in favour of the petitioners on his application dated 21-04- 2007 for mining of iron ore, soap stone, clay and quartzite, over an extent of area 48.58 hectares in survey nos. 495/P, 488, 489, 481 to 487, 465 to 468 470, to 479 998, 1040, 459, 457 to 455 of Nagamallkunta, H/o. gutupalli village, Betamcherla Mandal, Kurnool district, as arbitrary, illegal, unjust and violation of Mines and Minerals (Development & Regulation ) Act, 1957 Mineral concession Rules 1960 and G.O.ms.No.181, Industries & commerce dated 28-05-1998 and pass Counsel for the Petitioner:MR.VENKAT REDDY DONTHI REDDY Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO. 28291 of 2008 ORDER: The petitioner has applied for mining lease under application dated 21.4.2007 and it is acknowledged by Assistant Director of Mines and Geology, Kurnool. It is alleged that the entire survey and demarcation work has already been completed and all other requirements for consideration of the petitioner’s application have been fulfilled. A report by Assistant Director of Mines and Geology, Kurnool is also said to have been submitted through the Zonal Joint Director, Mines and Geology, Kadapa to the Director of Mines and Geology and the said application is said to be pending with the third respondent without passing any orders. Learned counsel for the petitioner contends that the matter is fully covered by the instructions of the Government issued under G.O.Ms.No.181, Industries & Commerce, dated 28.5.1998. The counsel has also placed the orders of this Court in similar writ petitions wherein directions were given to the Director of Mines and Geology to dispose of the applications of the petitioners therein expeditiously in accordance with law within a fixed time frame. Having heard the learned Government Pleader for Mines and Geology, I deem it appropriate to dispose of the writ petition with similar direction. The Director of Mines and Geology, third respondent herein is directed to consider and dispose of the application of the petitioner dated 21.4.2007 with respect to the area applied for therein within a period of two months from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. ______________________ DECEMBER 26, 2008 VILAS V. AFZULPURKAR, J. Tsr. Copy to: 1 The Secretary to the Government, Govt. of India, Ministry of Mines, New Delhi. 2 The Secretary to the Government of A.P., Industries and Commerce Department, Secretariat, Hyderabad, A.P. 3 The Director of Mines and Geology BRKR Bhavan, 8th Floor, Tank Bund Road, Hyderabad, A.P. 4 The Assistant Director of Mines and Geology Kurnool, Kurnool District, A.P. 5. The Government Pleader for Mines & Geology, High Court Buildings, High Court of A.P. (OUT) 6. Two C.D. copies.