THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4659 of 2010 Dated:31.05.2010 Between: Amruthalal Marda. ….Petitioner And The Principal Secretary, Revenue Department, Govt.of A.P., Secretariat, Hyderabad, And others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4659 of 2010 ORDER: The petitioner is an entrepreneur. He registered a Small Scale Industry (SSI) with Department of Industries in the name and style of M/s.Balaji Group of Industries in 1979 for the purpose of establishing Sri Balaji Par-Boiled Rice Mill, Sri Balaji Oil Industry, Sri Balaji Dall Mill, Sri Balaji Flakes Industry, Sri Balaji Mini Cement Plant, Sri Balaji Cattle and Poultry Feed and Sri Balaji Brick Industries. He approached the Department of Revenue and Department of Industries for allotment of land admeasuring Acs.7.00 in Survey No.1/1 of Garimellapadu Village for establishment of Industries. After making due enquires the Revenue Divisional Officer (RDO), Kothagudem, and the Director of Industries recommended to the Government of Andhra Pradesh in Industries Department to alienate the land or lease out the land for ninety nine years to enable the petitioner to establish the Industries. They also recommended to grant and obtain necessary relaxation from the Government of India for alienation/lease of the land to non-tribal. When there was no proper response, the petitioner filed W.P.No.19117 of 2009. The same was disposed of by this Court directing the District Collector to consider the application. In obedience thereto, the District Collector issued Memo Rc.No.E1/2926/2009, dated 04.02.2010, rejecting the request of the petitioner for alienation of the land. Aggrieved by the same, the present writ petition is filed. The matter came up before this Court on 02.03.2010. After hearing the Counsel the matter was adjourned to enable the petitioner to implead M/s.Singareni Collieries Company Limited (SCCL) to whom a large junk of land in survey No.1/1 of Garimellapadu Village was leased out for mining purpose. Accordingly, the petitioner filed W.P.M.P.No.7210 of 2010 to implead the third respondent, which was ordered on 11.03.2010. SCCL also filed counter affidavit. In the counter affidavit filed by the third respondent (SCCL) it is stated as follows. The allegation made by the petitioner that he established M/s.Balaji Rice & Flour Mills in 1977 in the land in Survey No.1/1 is denied. The land is part and parcel of the land leased out to them. The lease was extended up to 26.04.2029 vide G.O.Ms.No.324, dated 12.12.2008. It is a coal bearing area. In the near future all abandoned underground mines falling in the leased land will be converted into Opencast Mine. For the time being, they raised Eucalyptus and Cashew plantations to avoid illegal mining and the land is in possession of SCCL. The relevant Government Order and the correspondence relating thereto is also enclosed by the third respondent. Counsel for the petitioner has taken this Court through the report of the RDO dated 21.02.1981 presented to the District Collector and the report of the Director of Industries dated 04.08.1981 to the Government recommending alienation/lease of land to the petitioner for establishment of SSI. As rightly pointed out by the Assistant Government Pleader these are only recommendations and the ultimate authority to assign/alienate/lease the land is the Government. Further there is no dispute that the land in the Village of Garimellapadu of Kothagudem Mandal falls in the notified agency area and therefore unless and until appropriate relaxation/exemption is granted, the same cannot be assigned/leased/alienated to a non-tribal. Furthermore, as seen from the Government Order, being G.O.Ms.No.324, dated 12.12.2008, the land admeasuring 5158 Hectares including 1466 Hectares of forest land and 3692 Hectares of non-forest land in Kothagudem Mandal was granted on lease basis to SCCL duly granting extension from 27.04.2009 to 26.04.2029. A reading of the Government Order referred to hereinabove would show that the lease was granted sometime in 2003 over an extent of 61.17 Sq.Kms including 23.38 Sq.Kms forest land and 37.79 Sq.Kms non-forest land to SCCL with effect from 28.04.1999 to 27.04.2009. The same was extended till 26.04.2009. When the land has coal which is a valuable fossil fuel, the larger public interest requires the grant of lease to SCCL than granting the land to set up SSI. Therefore, the petitioner’s grievance is misconceived. The petitioner has been going round the Government Offices since 1979 without much benefit. He has already 72 years of age and he wants to set up group of seven industries. Therefore, the District Collector may consider his request for allotment of suitable land to set up Small Scale Industry in any other area in Khammam District. The petitioner is given liberty to make an application within a period of two weeks from today and the same shall be considered by the District Collector and appropriate orders under communication to the petitioner shall be passed within a period of three months thereafter. Liberty is also given to the petitioner to approach the Andhra Pradesh Industrial Infrastructure Corporation or any other Government Corporation for allotment of suitable land for setting up of Small Scale Industry. The Writ Petition is accordingly disposed of. _______________ (V.V.S.RAO, J) 31.05.2010 Note: Issue C.C in ten days. B/o. vs