M. Malla Reddy v. The State Of Telangana, Rep. By Its Principal Secretary

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WP.No.30745 of 2016 ORDER :

Heard the counsel for petitioner, the learned Government Pleader for Mines (Telangana) for respondent nos.1 to 3; and the learned Government Pleader for Revenue (Telangana), for respondent nos.4 and 5.

2.

The petitioner complains inaction in considering and disposing of applications dt.11.10.2012 and 05.02.2013 filed for grant of Laterite mine lease in the subject land.

3.

With the assistance of the learned counsel, appearing for parties, I have perused the annexures filed along with the Writ Petition.

4.

It appears that though the 3rd respondent acted promptly in forwarding the applications of petitioner for grant of 'No Objection Certificate' to respondent nos.4 and 5, admittedly, as on date, there is no reply or communication from respondent nos.4 and 5. As rightly contended by the counsel, appearing for respondent nos.1 to 3, unless and until the first requirement is cleared, the inaction complained against respondent nos.1 to 3 is without basis. 5.

The submission of counsel for respondent nos.1 to 3 is placed on record only to sensitize respondent nos.4 and 5 to act expeditiously in the matter.

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6.

Having regard to the limited grievance in the Writ Petition, this Court is satisfied that the Writ Petition can be ordered as under : 7.

The petitioner is given liberty, within two (02) weeks from today, to submit a copy of this order together with the communication forwarded by the 3rd respondent to respondent nos.4 and 5. The respondent nos.4 and 5 are directed to inspect the land, process the request of petitioner in accordance with the extant Government Orders / Policy and forward the 'No Objection Certificate' / Report both to petitioner as well as 3rd respondent.

8.

This exercise shall be positively completed within a period of four (04) weeks from the date of receipt of representation as directed by this order. Subject to 'No Objection Certificate' / Report forwarded by respondent nos.4 and 5, respondent nos.1 to 3 are directed to consider and pass final orders on the applications of petitioner within a period of four (04) weeks thereafter. 9.

Accordingly, the Writ Petition is allowed as above. No order as to costs.

10.

As a sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 14-09-2016 Ndr/*