M/S. Lakshmi Ganapthi Mines And Minerals v. The State Of Telangana,

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.15821 of 2018 ORDER:

Heard learned Counsel for the petitioner and the learned Government Pleader for Mines and Geology for the respondents.

Alleged inaction on the part of the respondentauthorities in processing the application of the petitioner herein for grant of licence/lease, dated 25.01.2016, for exploration of Literate, a minor mineral, in the land admeasuring Ac.25.05 guntas, in Sy.Nos.2850, 2851, 2853, 2854, 2572, 2573, 2574 and 2575 of Ramachandrapuram village, Mulugu Mandal, Jaishankar Bhupalapally District, is under challenge in the present Writ Petition. According to the petitioner, he submitted the above said application and the same was acknowledged by the Office of the 5th respondent through Mee Seva vide receipt No.00044783, dated 25.01.2016. Thereafter, vide letter No.613/M/2016, dated 25.01.2016, the Assistant Director, Mines and Geology/5th respondent called for a report from the Tahasildar, Mulugu Mandal, Warangal District. According to the petitioner, in response to the said request made by the Office of the 5th respondent, the Tahasildar sent no objection vide proceedings Rc.No.B/197/2016, dated 19.08.2016. According to the petitioner, the subject land is a private patta land.

Despite granting time for obtaining instructions, no instruction could be obtained by the Office of the learned Government Pleader.

Since the application filed by the petitioner herein, as long back as on 25.01.2016.2016, is pending consideration before the respondent-authorities and as the Office of the Tahasildar already sent its report, as pleaded by the petitioner herein, expressing no objection for grant of the licence/lease, this Court does not find any justification on the part of the respondents in not taking any further action on the application submitted by the petitioner herein. The said inaction, in the considered opinion of this Court, is neither in the interest of the petitioner nor in the interest of the State. For the aforesaid reasons, the Writ Petition is disposed of, directing the respondents herein to process the application of the petitioner herein for grant of licence/lease for laterite, minor mineral, in respect of the area admeasuring Ac.25.

05 gts., situated in Sy.Nos. 2850, 2851, 2853, 2854, 2572, 2573, 2574 and 2575 of Ramachandrapuram village, Mulugu Mandal, Jaishankar Bhupalapally District, and take final decision and communicate the Orders within a period of three months from the date of receipt of a copy of this Order. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. No costs. __________________ A.V.