IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.15223 of 2006 Between: M/s. Shakti Kiran Granites (P) Ltd., through Managing Director Mr. Mangilal Bagri, s/o Sri (Late) Ratanchand Bagri, Regd. Office at Padugupadu, Nellore District. rep. by his GPA Holder Mr. Pawan Kumar Losalka, s/o Ramprasad Losalka, r/o Srinagar Colony, Opp. Lane Saint Xaviers High School, Kurnool Road, Ongole. ... PETITIONER AND 1. Director of Mines & Geology, Burgula Ramakrishna Rao Building, Near Tank bund, Hyderabad (AP). 2. The Assistant Director of Mines & Geology, Ongole, Prakasam District. 3. M/s. Yak Granite Industries Ltd., rep. by its Director K. Vallabhai, B-254, 50th street, Ashok Nagar, Chennai. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ order or direction, more in the nature of mandamus or any other appropriate writ declaring the impugned proceedings in Lr.No.185/Q2/1993, dated 15-07-2006 of second respondent in asking the petitioner to be present for re-survey in the land to an extent of Acs.15-86 cents allotted to the petitioner company in Sy.No.58 (P) of Budavada village, Chimakurthy Mandal, Prakasam District with the aim and object of deleting some portion of land held by the petitioner company as illegal, arbitrary and consequentially to set a side the same and to pass such other orders. Counsel for the Petitioner: MR.K.ANANDA RAO Counsel for Respondent Nos.1 &2: GP FOR MINES AND GEOLOGY Counsel for Respondent No.3: Mr. V.V. ANIL KUMAR The Court made the following: ORDER: - Originally the quarry lease for black granite over an extent of Acs.15-86 cents was given to one M/s. Kiran Granites Limited in 1992. Subsequently, the petitioner, M/s. Shakti Kiran Granites (P) Ltd., after obtaining necessary permission etc., got the said lease transferred in its favour by order dated 09-11-1994. It is stated that the petitioner has been quarrying the said black granite, as the original lease is for a period of 15 years and the same is renewed thereafter. However, when the Assistant Director of Mines and Geology issued proceedings No.185/Q2/1993 dated 15-07-2006 directing the petitioner to attend the resurvey proposed to be conducted on 26-07-2006, the petitioner approached this Court and filed the present writ petition. 2. This Court by order dated 25-07-2006 directed that the status quo obtaining as on that date has to be maintained for a period of two weeks and thereafter the said interim order is extended. M/s. Yak Granites Industries Ltd., filed a petition seeking it’s impleadment and also for vacation of the said interim order. The Government also filed W.V.M.P.No.400 of 2008. The said impleadment petition was ordered by this Court. 3. The main contention of the learned counsel, Mr. Sridhar, appearing for Mr. K. Annada Rao, learned counsel for petitioner, is that no opportunity whatsoever was given to the petitioner before passing the impugned proceedings dated 15-07-2006. The further submission of the learned counsel is as to whether the Assistant Director, Mines and Geology is permissible to pass such an order. 4. It is mainly contended by Sri V.V. Anil Kumar, appearing for third respondent, that the said order dated 15-07-2006 is a sequel to the order dated 16-03-2002 passed by this Court in W.P.M.P.No.36381 of 1998. 5. It is further submitted by both the learned counsel appearing for the respondents, that nothing is decided in the said order and it is only a notice directing all the lessees to appear on a particular date with regard to the resurvey to be conducted. 6. Having perused the proceedings dated 15-07-2006, impugned in this writ petition, this Court is satisfied that there is absolutely no finding given by the Assistant Director of Mines and Geology. The said proceedings also refers to the Memo dated 05-07-2006 issued by the Director of Mines and Geology and in the first paragraph of the proceedings impugned itself it is clearly stated that the Director of Mines and Geology has requested to conduct resurvey by calling all the lessees. From this also it can definitely be inferred that it is only for the purpose of resurvey the petitioner and others were directed to attend on a particular day. The second paragraph of the proceedings impugned further clarifies that the resurvey was proposed on 26-07- 2006 and hence, the petitioner was requested to attend the resurvey with all relevant records to establish certain aspects. Hence, it is unnecessary for this Court to go into the contentions put forth by the learned counsel for the petitioner that the Assistant Director of Mines and Geology has already decided the issue. As it is in the form of notice, the petitioner should have approached the Assistant Director of Mines and Geology, with all relevant records, but the petitioner has chosen to approach this Court and filed the present writ petition, and in view of the interim order passed by this Court everything is stalled. 7. It is further clarified by the Government in their counter affidavit filed on behalf of the respondents 1 and 2 that the said proceedings/letter dated 15-07-2006 is not at all a final order. In view of the stand taken by respondents 1 and 2 and as this Court is thoroughly satisfied that it is only a notice, the petitioner can as well appear before the Assistant Director of Mines and Geology and ventilate his grievance. However, as the said resurvey could not take place in view of the interim order passed by this Court, the Assistant Director of Mines and Geology is hereby directed to issue a fresh notice to all the concerned including the petitioner, third respondent and others with regard to the resurvey and on the given date the petitioner and others shall be present and ventilate their grievances, so that the Assistant Director will take appropriate decision. 8. With the above directions, the writ petition is disposed of. No order as to costs. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.23-04-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The Director of Mines & Geology, Burgula Ramakrishna Rao Building, Near Tank bund, Hyderabad (AP). 2. The Assistant Director of Mines & Geology, Ongole, Prakasam District. 3. 2CCs to 4. 2CD copies Form-NIC-OGS/WP{TRT}