HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.31196 of 2010 Date:16.12.2010 Between : P.K.Natarajan .. Petitioner And The State of Andhra Pradesh, Rep., by its Secretary Industries And Commerce (Mines-I), Department, Secretariat, Hyderabad and others .. Respondents ORDER: This writ petition is filed with the following prayer: “To declare the action of the 5th respondent in not sending report to the Assistant Director of Mines & Geology, Chittoor pursuant to his letter No.5627/Q/2010 dt.08.09.2010 as illegal, arbitrary and unjust and direct the 5th respondent to directly send the report to Assistant Director of Mines & Geology, Chittoor with a copy to the District Collector, Chittoor as envisaged in G.O.Ms.No.181, dt.28.05.1998, by issuing appropriate writ or direction more particularly in the nature of writ of mandamus.” The case of the petitioner is that he submitted an application dated 08.09.2010 for grant of quarry lease for road metal and building stone over an extent of 40 hectares in Survey No.175 of Perimdesam Village, K.V.B.Puram Mandal, Chittoor District, to the Deputy Director of Mines and Geology, Kadapa District – 3rd respondent. The Assistant Director of Mines and Geology Chittoor District – 4th respondent has addressed a letter to the Tahsildar, K.V.B.Puram Mandal, Chittoor District – 5th respondent to send a report within 30 days on the category and availability of the land. The grievance of the petitioner is that though it is obligatory on the part of the 5th respondent, in terms of G.O.Ms.No.181, dated 28.05.1998, to send a report to the concerned official, i.e., 4th respondent herein, he is not taking any action. On instructions, it is submitted by the learned Government Pleader appearing for the respondents that in Chittoor District a circular, dated 14.04.2008, has been issued by the District Collector, Chittoor, instructing the Tahsildars not to send reports directly to the Assistant Director of Mines and Geology and they have to be sent to the District Collector himself. For the expeditious disposal of applications for grant of Prospecting Licences etc., the Government has issued detailed guidelines fixing the time limit at different levels vide G.O.Ms.No.181, dated 28.05.1998. From a perusal of the said G.O., it is clear that on receipt of the applications, the Assistant Director of Mines and Geology is required to send one set of application to the Mandal Revenue Officer concerned to report on the category and availability of the land. On such receipt, the Mandal Revenue Officer is required to send his report to the Assistant Director, Mines and Geology, within a period of 30 days duly marking a copy to the District Collector. In that view of the matter, the instructions issued by the District Collector through circular, dated 14.04.2008, are contrary to the orders issued by the Government in G.O.Ms.No.181, dated 28.05.1998. Hence, the 5th respondent is directed to send his report on the application of the petitioner for grant of quarry lease with regard to category and availability of the land for grant of Prospecting Licence or Mining Lease or Quarry Lease to the 4th respondent by marking a copy of the same to the District Collector – 2nd respondent herein. The report shall be sent within a period of four weeks from today. It is, however, made clear that the respondents shall consider the application of the petitioner on its own merit, in accordance with the Andhra Pradesh Minor Mineral Concession Rules, 1966 framed under the Mines and Minerals (Regulation and Development) Act, 1957. With the above directions, the writ petition is disposed of. No order as to costs. _____________________ R. SUBHASH REDDY, J 16th December 2010 Note:- Issue C.C. in one week. (B/o) KH