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High Court for State of TelanganaWP/18972/2015disposed of no costs

Nerrala Srinvasa Rao, v. The State Of Telangana,

2017-06-20Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.18972 of 2015 ORDER:

This writ petition is filed by the petitioner, under Article 226 of the Constitution of India, seeking to declare the action of the 4th respondent in not submitting a report and furnishing no objection certificate to the 3rd respondent, in respect of the application, dated 14.04.2015, filed by the Petitioner, for grant of quarrying lease for excavation of Black Granite to an extent 1.00 hectors in Survey Nos.367/1 to 6 (admeasuring Ac.4.32 guntas), of Kakkiralapally village, Waradhanapet Mandal, Warangal district, as arbitrary, illegal and contrary to Rule 12 (5) of A.P. Minor Mineral Concession Rules, 1966, and consequently direct the 4th Respondent to issue no objection certificate to the petitioner for grant of quarrying lease for excavation of Black Granite in respect of his patta land to an extent 1.00 hectors in Survey Nos.367/1 to 6 (admeasuring Ac.4.32 guntas), of Kakkiralapally village, Waradhanapet Mandal, Warangal district.

2.

Heard both sides and perused the material available on record and perused the material available on record. 3.

The case of the petitioner is that the petitioner submitted an application, dated 14.04.2015, to the 3rd respondent for grant of quarrying lease for excavation of Black Granite to an extent 1.00 hectors in Survey Nos.367/1 to 6 (admeasuring Ac.4.32 guntas), of Kakkiralapally village, Waradhanapet Mandal, Warangal district. The 3rd respondent in turn addressed a letter to

RE,J W.P.No.18972 of 2015 the 4th respondent to submit report and issue No Objection Certificate, but so far, the 4th respondent is not taking any action. 4.

Learned counsel for the petitioner submitted that when an application is filed, it has to be considered within a period of 30 days as per G.O.Ms.No.4, Revenue (Assn.I) Department, dated 19.01.2015, and prayed this Court that the respondent authorities may be directed to pass appropriate orders, as expeditiously as possible, on the application, dated 14.04.2015, said to have been submitted by the petitioner, in pursuance of G.O.Ms.No.4, Revenue (Assn.I) Department, dated 19.01.2015. 5.

Considering the facts and circumstances of the case and the submissions of the learned counsel for the petitioner, the Writ Petition is disposed of directing the respondent authorities to consider the application, dated 14.04.2015, said to have been submitted by the petitioner, and pass appropriate orders, as expeditiously as possible, in accordance with law, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order, in pursuance of G.O.Ms.No.4, Revenue (Assn.I) Department, dated 19.01.2015. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

___________________ RAJA ELANGO, J Date: 20th June, 2017 KL

RE,J W.P.No.18972 of 2015 THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.18972 of 2015 Date: 20th June, 2017 KL