IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 18878 of 2008 Between: M/s.Balaji White Clay Tribal Labour Contract Cooperative Society Rep.by its President Medi Babu Rao W/o. Medi Somaiah Sirsilk Colony, Sirpur Kagaznagar,Adilabad District ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep.by its Secretary Industries and Commerce Department, Secretariat Buildings, Hyderabad 2 The Director of Mines & Geology Andhra Pradesh Hyderabad 3 The District Collector Adilabad 4 The Sub-Collector Asifabad Adilabad District 5 The Tahsildar Rebbana(M) Adilabad District 6 The Assistant Director of Mines & Geology Mancherial,Adilabad District 7 The Deputy Executive Engineer(Operations) Northern Power Distribution Company of Andhra Pradesh Ltd Kagaznagar,Adilabad 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 will be pleased to issue any appropriate writ, order or direction more in the nature of writ of Mandamus declaring the action of the respondents No.5 in taking steps for handing over an extent of Ac 3-00 in sy.No.122 of Rallapet(V) Of Rebbena(M) Adilabad District which is having rich rare mineral i.e. White Clay and which has been granted mining lease to the petitioner society for construction of 33/11 KV Sub-Station vide letter dt 23-6-2008 as illegal and contrary to the instructions issued vide G.O.M.S No.74 Industries and Commerce(MI) Department dt 16-2-2002 and pass Counsel for the Petitioner:MR.V.RAVI KIRAN RAO Counsel for the Respondent: GP FOR REVENUE The Court made the following Order: This writ petition is ﬁled by the petitioner-society seeking a Writ of Mandamus declaring the action of the ﬁfth respondent in taking steps to handover an extent of Ac.3.00 in Sy.No.122 of Rallapet Village, Rebbena Mandal, Adilabad District to the seventh respondent for construction of 33/11 KV Sub-station vide letter dated 23- 06-2008 as illegal and contrary to the instructions issued vide G.O.Ms.No.74 dated 16-02-2002. It is the case of the petitioner-society that they were granted mining lease for clearing white clay deposits in Sy.No.122 of Rallapet Village, Rebbena Mandal, Adilabad District, for a period of twenty years, vide memo dated 02-04-2008. While matters stood thus, the seventh respondent addressed a letter requesting to handover an extent of Ac.3.00 in Sy.No.122 and on that basis, the ﬁfth respondent and the Mandal Surveyor inspected the land and sought permission of the fourth respondent, vide letter dated 23-06-2008, to hand over the land for construction of 33/11 KV Sub-station pending ﬁnalization of alienation proposals. The grievance of the petitioner-society is that though the Government vide G.O.Ms.No.74 dated 16-02- 2002 had directed the concerned District Collectors not to issue NOC for the identiﬁed lands for any purpose other than mining, the ﬁfth respondent-Tahsildar without considering the aforesaid G.O. is taking steps to allot the said land to the seventh respondent for construction of 33/11 KV Sub-station. Heard the learned counsel for the petitioner, learned Government Pleaders for Revenue, Industries and Mines and Geology and Sri O.Manohar Reddy, learned standing counsel appearing for the A.P.Transco. Learned Government Pleader for Revenue submitted that the fourth respondent-Sub-Collector, Asifabad is the authority concerned to sanction permission to the ﬁfth respondent-Tahsildar to handover possession of the land to the seventh respondent for construction of 33/11 KV Sub-station and since the matter is pending consideration before him, the fourth respondent may be directed to consider the case of the petitioner-society on its making representation for which course, learned counsel for the petitioner agreed. In the circumstances, since the matter is under consideration before the fourth respondent-Sub-Collector, the petitioner-society is directed to submit a representation to the fourth respondent-Sub-Collector along with relevant material and on ﬁling such representation, the fourth respondent-Sub-Collector shall consider the same before sanctioning the permission. With the above direction, the writ petition is disposed of. No order as to costs. ________________ N.V.RAMANA,J Dt:02-09-2008 Note:Furnish copy within one week Bo usd To 1 The Secretary, Government of Andhra Pradesh Industries and Commerce Department, Secretariat Buildings, Hyderabad 2 The Director of Mines & Geology Andhra Pradesh Hyderabad 3 The District Collector Adilabad 4 The Sub-Collector Asifabad Adilabad District 5 The Tahsildar Rebbana(M) Adilabad District 6 The Assistant Director of Mines & Geology Mancherial,Adilabad District 7 The Deputy Executive Engineer(Operations) Northern Power Distribution Company of Andhra Pradesh Ltd Kagaznagar,Adilabad District 8 Two CCs to GP for Revenue, High Court Buildings, Hyderabad (OUT). 9 Two CCs to GP for Mines and Geology, High Court Buildings, Hyderabad (OUT). 10 Two CCs to GP for Industries, High Court Buildings, Hyderabad (OUT). 11 Two CD copies.