THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.23944 of 2011 DT.02.09.2011 Between: M/s.Madhucon Granites Ltd., Rep by its Manager, Sri V.B.Chandrasekhar … Petitioner And The Director of Mines & Geology, 8th Floor, B.R.K.R. Buildings, Tank Bund Road, Hyderabad 500 029 & Ors … Respondents Counsel for the Petitioner: Sri Pannala Srinivas Counsel for respondent: Sri The Court made the following ORDER: THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.23944 of 2011 O R D E R: This writ petition has been instituted complaining that the respondents 1 and 2 have contravened the scheme enunciated for grant of quarrying rights for Colour Granite mineral over land of an extent of 7-00 hectares in Sy.Nos.560/1, 2, 10P, 11P, 12 to 22, 23P & 24 of Murikipudi village, Chilkaluripet Mandal, Guntur District. Learned Government Pleader for Mines and Geology, who took notice on the last occasion has secured necessary instructions from the Assistant Director of Mines and Geology, Guntur. It is stated therein that the writ petitioner has lodged its application in Form-P on 10-5-2010 seeking a grant for quarry lease for Colour Granite over land of an extent 7-00 hectares in survey numbers referred to supra of Murikipudi village, Chilakaluripet Mandal, Guntur District for the period of 20 years, and in accordance with the policy decision announced by the State Government and contained in G.O.NMs.No.181, Industries and Commerce (Mines-I) Department dated 28- 05-1998 one set of application has been forwarded to the Tahsildar, Chilkaluripet calling for his report in the matter. In accordance with the policy decision of the State, the Tahsildar is required to pass appropriate orders on receipt of such communication from the Assistant Director of Mines and Geology within a period of 30 days. He is supposed to submit his report directly to the Collector of the District while forwarding a copy to the Assistant Director. If the Collector were to agree with the opinion of the Tahsildar/M.R.O, the Collector is not required to do anything more. Only in the event,he disagrees with the opinion of the Tahsildar/M.R.O, he was required to file his dissenting opinion before the Director of Mines and Geology, who is the competent authority to consider granting quarry leases for Colour Granite. It is stated in the instructions passed on by the Assistant Director that he has forwarded the application of the petitioner to the Tahsildar and that the Tahsildar in turn inspected the lands in question and found that the lands situate in Sy.No.560 of Murkipudi village a total extent of Ac.27.57 cents is classified as patta land as per the village account and that there are no residential houses, schools or temples over the land in Sy.No.560, which is 3 kilometres away from the existing village and that there are only agricultural lands surrounding the lands in Sy.No.560 and hence he has no objection for grant of quarrying rights over this land in favour of the petitioner as the lands are owned by them. The Tahsildar, Chilkaluripet has filed his report on 12-7-2010 before the Revenue Divisional Officer, Narsaraopet and marked a copy thereof to the Collector and District Magistrate, Guntur as well as the Assistant Director of Mines and Geology, Guntur. It is totally redundant for the Tahsildar to have processed his report to the R.D.O. He is supposed to directly file the report before the District Collector concerned. Be that as it may, now that the Assistant Director of Mines and Geology has received a copy of the report dated 12-7-2010 from the Tahsildar, Chilkaluripet, it is only proper that the entire application of the writ petitioner should be placed before the Director of Mines and Geology, Hyderabad immediately. If the Director of Mines and Geology does not receive any adverse report from the District Collector, Guntur within 30 days from today, he shall independently take up the application of the petitioner and pass appropriate orders for quarrying colour granite, which is a minor mineral, for which he is the competent authority to grant. Copy of the written instructions received by the learned Government Pleader for Industries and Commerce, which are placed before me are taken on record of this case. The Director of Mines and Geology shall pass appropriate orders within a maximum period of 60 days from the date of receipt of this order and communicate the same to the petitioner. The writ petition accordingly stands disposed of. No costs. _________________________ (NOOTY RAMAMOHANA RAO,J) DATE: 02.09.2011 grk THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.23944 of 2011 DT.02.09.2011