IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND SEVEN PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 19869 of 2008 Between: Kongara Srinivas, S/o. Chinnaiah Dora, R/o. H.No. 8-2-27B, Gokavaram Village and Mandal, East Godavari District. ..... PETITIONER AND 1 The Director of Mines & Geology, Government of Andhra Pradesh, BRKR Bhavan, Tank Bund, Hyderabad. 2 The Deputy Director of Mines & Geology, Kakinada, East Godavari District. 3 The Assistant Director of Mines & Geology, Rajahmundry, East Godavari 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 a Writ, order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not issuing the permits and way bills to the petitioner for transportation of road metal in Sy.No.1 of Pothannadora Palem Village, Gangavaram Mandal, East Godavari District as illegal, arbitrary, contrary to law, contrary to the terms of the lease and in violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the 2nd respondent to issue the permits and way bills to the petitioner to transport the road metal. Counsel for the Petitioner: MR.T.S.N.MURTHY Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following ORDER: The petitioner was granted mining lease for road metal and ballast, over an extent of 1.750 hectares of land in survey No.1 of Pothamdorapalem Village, Gangavaram Mandal, East Godavari District by the third respondent, vide proceedings, dated 12.05.2006, for a period of ten years. The petitioner states that he was issued transport permits for the road metal and ballast, from the quarry, up to January 2008 and thereafter, the third respondent is refusing to issue such permits and seeks appropriate directions. Heard the learned counsel for the petitioner and the learned Government Pleader for Mines and Geology. The petitioner holds a valid lease granted by the third respondent, vide proceedings, dated 12.05.2006, up to ten years. As long as the petitioner quarries on the mining operations in accordance with the relevant provisions of the law, the third respondent is under obligation to issue transport permits. If there are any violations on the part of the petitioner disabling him to get such permits, the third respondent is under an obligation to furnish the reasons therefor. He just cannot sit over the application made by the petitioner for issuing transport permits. Hence, the writ petition is disposed of, directing that the third respondent shall issue transport permits as and when applied by the petitioner, duly satisfying himself that quarrying is done in accordance with law. In case, he decides not to grant such permits, he shall furnish reasons therefor, within two weeks from the date of submission of application by the petitioner. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY,J Dt: 12.09.2008. Note: Issue cc in three days. (B/o) kdl