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High Court for State of TelanganaWP/35159/2015disposed of no costs

Masood Ahmad, v. The State Of Andhra Pradesh,

2015-11-18Sanjay Kumar1 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.35159 OF 2015 ORDER:

The grievance of the petitioner is as to the inaction on the part of the authorities in issuing a 'No Objection Certificate' (NOC) for grant of a quarry lease for granite over an extent of 4.000 hectares in Sy.No.1723/P of Ghattu Village, B. Kothakota Mandal, Chittoor District, pursuant to his application dated 04.12.2014. The subject NOC is to be issued in terms of G.O.Ms.No.2, Revenue (Assignments.I) Department, dated 02.01.2013, which provides for a joint inspection by a team comprising revenue, forest and mining officials. Pertinent to note, this G.O. stipulates the timeframe within which the team has to conduct the inspection and submit its report. That apart, G.O.Ms.No.181, Industries & Commerce (Mines.I) Department, dated 28.05.

1998, which deals with the procedure to be adopted while processing quarry lease applications, also stipulates the timeframes for the various authorities thereunder to do the needful while dealing with such an application. In the light of these clear guidelines stipulated in the Government Orders, it is not open to the authorities to keep the petitioner's quarry lease application pending. The writ petition is accordingly disposed of directing the authorities concerned to take appropriate action upon the petitioner's quarry lease application in accordance with law. As the time stipulations fixed under the relevant G.Os. have already expired, this exercise shall be completed expeditiously and in any event, not later than one month from the date of receipt of a copy of this order.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 18th November, 2015 IBL