M/S Reddy Rocks v. The Assistant Director Mines And Geology Department

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * WRIT PETITION No. 31715 of 2015 BETWEEN M/s.Reddy Rocks, Rep. by its Managing Partner ... PETITIONER AND The Assistant Director, Mines & Geology Department and others ...RESPONDENTS Date of Order pronounced: 03.11.2015 THE HON'BLE SRI JUSTICE SANJAY KUMAR

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether his Lordship wish to see the Yes/No fair copy of the Judgment?

ORDER:

The grievance of the petitioner concern is as to the delay and inaction on part of respondent Nos.1 to 3 in conducting a joint inspection in accordance with G.O.Ms.No.2, Revenue (Assignments.I) Department, dated 02.01.2013. This inspection was to be undertaken upon the application dated 28.08.2014 submitted by the petitioner concern for grant of a mining lease in respect of the land admeasuring Ac.14-55 cents in Survey No.149 of Meerapuram Village, Banganapalle Mandal, Kurnool District.

2. Despite the matter being adjourned twice to enable the learned Assistant Government Pleaders concerned to get instructions in the matter, they state that they were unable to do so.

3. Perusal of G.O.Ms.No.2 dated 02.01.2013 reflects that paragraph 6(i) thereof requires the joint inspection team consisting of the Revenue Divisional Officer, Divisional Forest Officer and Assistant Director (Mines and Geology) concerned to inspect the proposed land and submit a detailed report to the District Collector within thirty days from the date of receipt of the application for grant of the mining lease.

4. It is not in dispute that the petitioner concern's mining lease application was received by the authorities. In that view of the matter, there is no reason as to why the joint inspection team should not fulfill the mandate under the aforestated GO; all the more so, as a time frame has also been prescribed therefor.

5. The writ petition is accordingly disposed of directing the respondent Nos.1 to 3 herein to forthwith conduct the joint inspection of the land proposed by the petitioner concern under its

application dated 28.08.2014 and submit a detailed report as required under the GO to the District Collector, Kurnool District.

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

____________________ JUSTICE SANJAY KUMAR November 3, 2015 Lmv