Kanaka Durga Stone Crushers, v. The Director Of Mines And Geology,

HON'BLE DR. JUSTICE B. SIVA SANKARA RAO WRIT PETITION No.4100 of 2018 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Mines & Geology and Revenue. Perused the prayer in the writ petition with supporting affidavit and written instructions of the learned Government Pleader for Mines & Geology. 2.

The prayer in the writ petition reads as follows: "......to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus, declaring the in action of the respondents officials 2 to 4 in not granting quarry lease for stone and metal as applied by the petitioner vide application dt.27.02.2015 is highly illegal and violation of Article 14, 19 and 300-A of the Constitution of India and further direct the 3rd and 4th respondent to grant a quarry lease in an area of Ac.4.00 hectors in Sy.No.355/1 of Mohd. Ghousepally (V), Mulugu (M), Jaishankar Bhupalpally District in favour of petitioner firm Kanaka Durga Stone Crushers H.No.6-205, Main Road, Bhupalpally Village, Mulugu Mandal, Jaishankar Bhupalpally District and consequently direct the 3rd respondent to grant lease as per the report of the 6th respondent as transmitted to the 4th respondent vide his report forthwith and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case."

3.

The supporting affidavit averments are that despite representation is pending it is not disposing of by the respondents in either way on merits. It is the submission from the written

instructions by the learned Government Pleader that there is no 'No Objection Certificate' and they are going to dispose of on own merits. 4.

By recording the same, the writ petition is disposed of directing the respondents to dispose of the representation pending with them on own merits. Further remedies, if any, of the petitioner are left open. Miscellaneous petitions pending, if any, shall stand closed. No costs.

____________________________ Dr. B. SIVA SANKARA RAO, J 20th February 2018 mar