B. Anandaiah, v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.8231 of 2015 BETWEEN B.Ananadaiah ... PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Mines & Geology), Secretariat Building, Hyderabad and others. ...RESPONDENTS The Court made the following:

ORDER:

Heard.

2. Petitioner states that he is the absolute owner of Ac.50-00 of land in survey No.42 of Diguva Kanthala Cheruvu, B.P.Palem Post, Yadamarri Mandalam, Chittoor District. It is stated that the adjacent land is given on mining lease to respondent No.7 in 2004-2005 and he is working the quarry by encroaching on the petitioner's land to the extent of 6 mts. The quarry of respondent No.7 has admittedly worked for the initial term and is now at the stage of renewal. At this stage, petitioner made applications under Right to Information Act for copies of the documents and also filed a representation before the Assistant Director of Mines and Geology, respondent No.4, dated 03.02.2015 requesting not to grant renewal in faovur of respondent No.7 in respect of survey No.56 on the ground of alleged encroachment by 6 mts., beyond quarry area. Apparently, petitioner has moved this court after lapse of so many years since the date of quarry lease to respondent No.7.

3. Hence, I do not see any reason to grant Mandamus, as sought for. However, respondent No.4 shall look into the representation of the petitioner and verify the facts on ground and then take appropriate decision in the matter at the earliest. Writ petition is, accordingly, disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J March 26, 2015 Lmv