K. Peda Saida Reddy, Khammam Dist. v. Prl. Secy., Ind. And Comm. Dept. And 3 ORS.

THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM WRI T PETI TI ON No.39367 of 2014 AND WRI T PETI TI ON No.17993 of 2015 COMMON ORDER:

The parties to the dispute and the subject matter of both the writ petitions being same, the writ petitions are taken up for disposal by way of this common order.

W.P.No.39367 of 2014:

This writ petition was filed by the petitioner during the pendency of revision application dated 05.05.2012 filed by the 4th respondent challenging the recommendation of the Tahsildar, Atmakur (S) Mandal, with respect to granting of quarry lease in favour of the petitioner. Today, at the hearing, it is reported that the revision application has been disposed of on 05.06.2015 and, therefore, in the light of disposal of the revision application, the cause in this writ petition does not survive. Accordingly, the writ petition is closed. No costs. Miscellaneous petitions, if any pending, shall also stand closed. W.P.No.17993 of 2015:

This writ petition was filed on 14.06.2015, initially with the following main prayer:

"... to issue writ or direction particularly in the nature of mandamus or any other appropriate writ, A) to declare the memo No.7258/M.I (2)/2012-3, dated 5.6.2015, on the file of the 1st respondent as illegal, void, arbitrary and violating the provisions of law apart from principles of natural justice.

wp_39367_2014 & 17993_2015 CKR, J B) Consequently, to set-aside the memo No.7258/M.I(2)/2012-3, dated 5.6.2015, on the file of the 1st respondent and pass such other order or orders as this Hon' ble Court may deem fit and proper...."

Later, on 02.07.2018, an interlocutory application viz., I.A.No.1 of 2018 was filed seeking the following relief:

"... to direct the respondent Nos.1 to 3 to grant quarry lease of black granite over an extent of Ac.1.7111 hectares in Sy.No.227 of Yenubamula village, Atmakur mandal, Nalgonda District (presently Suryapet District), pursuant to the application dated 10.11.2011 pending disposal of the writ petition, and pass such other order or orders as this Hon' ble Court may deem fit and proper..."

Learned counsel for the petitioner, learned counsel for the 4th respondent and also the learned Government Pleader submit in unison that since the application of the petitioner, dated 10.11.2011, seeking granting of quarry lease in his favour, has been pending since long, the writ petition may be disposed of with a direction to the respondent authorities to pass appropriate orders on the said application within a specific timeframe. Considering the unanimous submission of the learned counsel for the respective parties, the writ petition is disposed of with a direction to the 2nd respondent to pass appropriate orders on the application of the petitioner, dated 10.11.2011, in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. No costs. Miscellaneous petitions, if any pending, shall stand closed. ______________________________ JUSTI CE CHALLA KODANDA RAM 25th February, 2019 Note: Issue C.C. in one week.

B/o KSM

wp_39367_2014 & 17993_2015 CKR, J THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM WRI T PETI TI ON No.39367 of 2014 AND WRI T PETI TI ON No.17993 of 2015 25th February, 2019 KSM