IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No. 11329 of 2009 Between: M/s.Sri Venkatasai Stone Crusher,rep.by its PRop. G.Sudhakar, S/o.Veraraghava Swamy, Residing at Door No.17-13,Opp:Seshamahal Gajuwaka, Visakhapatnam ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep.by its Secretary Industries & Commerce Department, Secretariat, Hyderabad 2 The Director of Mines and Geology,8th floor,BRKR Building Tank Bund, Hyderabad 3 The Deputy Director of Mines and Geology, Visakhapatnam 4 The Assistant Director of Mines and Geology,Mines & Geology Department, Anakapalli,Visakhapatnam 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 may be pleased to issue an order writ or direction more particularly in the nature of writ of mandamus declaring the action of the 2nd respondent in Proc.No.21038/R1-2/2008 dated 2.12.2008 and in L.Dis.No.21038/R1-2/08 dated 23.1.2009 and the consequential orders of the 3rd respondent in proceedings No.3281/Q2A /2008 dated 3.2.2009 in rejecting the quarry lease application of the petitioner dated 1.11.2006 for grant quarry lease for Road metal and building stone in over an extent of 9.00Hects in SY.No.70 of Makavaram village, Anakapalli Mandal, Visakhapatnam District as arbitrary, illegal, unjust and in contravention of Mines & Minerals (Development and Regulation ) Act, 1957 and A.P.Minor Mineral concession Rules, 1966 and consequently direct the respondents to grant quarry lease on his application dated 1.11.2006. Counsel for the Petitioner: MR.P.MADHUSUDHAN RAO Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION No.11329 of 2009 ORDER: This writ petition is filed for a Writ of Mandamus declaring the action of the 2nd respondent-Director of Mines and Geology, Hyderabad in issuing proceedings dated 02.12.2008 and letter No.21038/R1-2/08 dated 23.01.2009 as also the consequential proceedings dated 03.02.2009 of the 3rd respondent-Deputy Director of Mines and Geology, Visakhapatnam in rejecting the quarry lease application of the petitioner submitted on 01.11.2006 for grant of quarry lease for road metal and building stone over an extent of Hec.9.000 in Sy.No.70 of Makavaram village, Anakapalli Mandal, Visakhapatnam District as arbitrary and illegal. It is brought to the notice of this Court that, earlier, in the same factual background, when the application of the similarly situated person for grant of lease in respect of the very same land and for the very same purpose was rejected, he approached this Court by filing writ petition being W.P.No.4595 of 2009 and this Court, by order dated 05.03.2009, has disposed of the same as under:- “Under those circumstances, the writ petition is disposed of directing the respondents 2 to 4 to reconsider the case of the petitioner for grant of quarry lease for road metal and building stone over an extent of 2.000 hectares in Sy.No.70 of Makavaram village, Anakapalli Mandal of Visakhapatnam District, along with all other eligible applicants, without reference to the impugned order dated 03.02.2009, by taking into account the fact that the said Ramakrishnam Raju sought revocation of the lease granted in his favour, and pass appropriate orders as per law, within a period of four week from the date of receipt of a copy of this order and communicate the same to the petitioner. There shall be no order as to costs.” In view of the above, this writ petition is also disposed of in terms of the aforesaid orders. No order as to costs. _____________ N.V.RAMANA,J 11.06.2009 v v