THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.6623 of 2011 ORDER: In this writ petition, petitioner seeks a mandamus by way of directions to the fourth respondent – Tahsildar, Chimakurthy Mandal, Prakasam District, to send his no objection/report on the communication sent by the third respondent – Assistant Director of Mines and Geology, Ongole, Prakasam District, with regard to availability and classification of the land, on his application, dated 09.06.2008, for grant of quarry lease for black granite over an extent of 2.000 hectares of land in Survey No.984/1 to 4 situated at Chimakurthy Village and Mandal, Prakasam District. The petitioner submitted his application on 09.06.2008 to the third respondent for grant of quarry lease for black granite over an extent of 2.000 hectares of land in Survey No.984/1 to 4 at Chimakurthy Village and Mandal, Prakasam District. It is his grievance that though the third respondent had addressed to the fourth respondent to send his no objection/report on the application of the petitioner, such a report is not being sent by the fourth respondent and such action on the part of the fourth respondent is contrary to the guidelines issued by the Government in G.O.Ms.No.181, dated 28.05.1998. When the matter was listed on 16.03.2011 and 30.03.2011, it was adjourned to enable the learned Government Pleader for Mines and Geology to get instructions. Today, when the matter is taken up, on instructions, it is submitted by the learned Assistant Government Pleader for Revenue that the land admeasuring Acs.5.89 cents in Survey Nos.984/1 to 4 of Chimakurthy Village is classified as assessed waste land in the village accounts of Chimakurthy and out of this, an extent of Ac.1.89 cents is held under mining lease by M/s.Anand Granites and while the remaining extent of Acs.4.00 cents is also being used unauthorizedly by the said Company for depositing certain pebbles and waste material etc., which are lying scattered all over. It is also submitted that steps are being taken for removal of encroachments from the land in question and necessary report will be sent as expeditiously as possible. When a communication is sent by the Assistant Director of Mines and Geology on the application filed for grant of quarry lease, in each and every case, the Tahsildar need not necessarily send his no objection. As per G.O.Ms.No.181, dated 28.05.1998, it is obligatory on the part of the Tahsildar to communicate to the Assistant Director of Mines and Geology with regard to classification and availability of the land applied for. If it is under encroachment of any third party, the Tahsildar as well can report the same to the Assistant Director of Mines and Geology but he cannot remain silent on the communication sent by the Assistant Director of Mines and Geology. Such action on the part of the Tahsildar is in violation of the timeframes fixed by the Government in G.O.Ms.No.181, dated 28.05.1998. In view of the guidelines in G.O.Ms.No.181, dated 28.05.1998 and pendency of the proceedings before the fourth respondent, I deem it appropriate to direct the fourth respondent to send his no objection/report on the application filed by the petitioner with regard to classification and availability of the land in question, within a period of two (2) months from today. It is made clear that as it is submitted by the learned Assistant Government Pleader for Revenue that the area covered by the application of the petitioner is under encroachment, it is open to the Tahsildar to send such information to the third respondent. It is also made clear that on sending such report by the fourth respondent, it is open to respondents 2 and 3 to consider the application of the petitioner independently on its own merits. Subject to the above directions, the writ petition is disposed of. _______________________ R.SUBHASH REDDY, J 6th APRIL, 2011. kvni