Dr.B.Avinash v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.16972 of 2018 ORDER:

Heard learned counsel for the petitioner and the learned Government Pleaders for Mines & Geology and Revenue, appearing for the respondents, apart from perusing the material on record. Petitioner herein claims to have made an application on 18.02.2017, before the respondents herein, for grant of mining lease for Laterite over an extent of Ac.30.00 in Sy.No.51 of Kandlapally Village, Pudur Mandal, Ranga Reddy District and the same was acknowledged by the office of the Assistant Director, Mines and Geology, Tanduru-third respondent herein vide letter, dated 20.02.2017. Subsequently, the matter was referred to the fourth respondent herein calling for the classification of the land and for no objection. The Tahsildar, Pudur Mandal-fourth respondent herein, vide letter bearing Lr.No.C/525/2017, dated 25.05.2017, communicated the resolution of Gram Panchayat expressing no objection for grant of mining lease.

The grievance of the petitioner, in the present Writ Petition, in the above background, is that, despite lapse of considerable length of time, even after the receipt of No Objection Certificate from the fourth respondent herein, the respondent authorities are not taking any action in the direction of considering the application of the petitioner

AVSS,J W.P.No.16972 of 2018 herein for grant of mining lease and, in view of the same, petitioner herein is sustaining irreparable loss and hardship. During the course of arguments, it is submitted by the learned Government Pleader, on instructions, that, after receipt of resolution of the Gram Panchayat, expressing no objection, the villagers approached the District Collector and opposed the grant of mining lease and the matter was enquired into by the District Collector and, ultimately, found the apprehensions as improper and untrue. Therefore, the Director of Mines and Geology also directed the third respondent herein to undertake the survey afresh and the process is going on. Since the petitioner herein submitted an application, as long back as on 18.02.2017, and, as the fourth respondent herein communicated his no objection, on 25.

05.2017, and taking into consideration the submissions of the learned Government Pleader, during the course of hearing, this Court deems it appropriate to dispose of the Writ Petition, with a direction to the respondent Nos.2 and 3 to process the application of the petitioner herein and pass appropriate final orders, in respect of the area admeasuring Ac.30.00 in Sy.No.51 of Kandlapally Village, Pudur Mandal, Ranga Reddy District, within a period of three months from the date of receipt of a copy of this order.

Accordingly, Writ Petition is disposed of. There shall be no order as to costs.

AVSS,J W.P.No.16972 of 2018 Miscellaneous petitions, if any, shall also stand disposed of. ___________________ A.V. SESHA SAI, J 23rd July, 2018 Tsy