J. Rama Naidu v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.33438 OF 2018 ORDER :

Heard learned counsel for the petitioner and the learned Government Pleader for Mines and Geology.

Petitioner herein submitted an application for grant of quarry lease for Gravel and rough stone over an extent of Ac.116.33 in Sy.No.57 of Gangavaram village, Sabbavaram Mandal, Visakhapatnam District for a period of ten years. The Deputy Director of Mines and Geology, Visakhapatnam-third respondent herein, vide L.Dis.Proceeding No.3974/Q2V/2008, dated 22.12.2009, rejected the said application of the petitioner herein, under Rule 13 (1) of the A.P.Minor Mineral Concession Rules, 1966 (for brevity, 'the Rules'). Aggrieved thereby, petitioner herein filed a statutory appeal before the Director of Mines and Geology-second respondent herein on 25.01.2009. The second respondent herein, vide proceedings No.4187/VSP/AH/2010, dated 30.03.2012, dismissed the said appeal, filed by the petitioner herein under Rule 35 of the Rules. As against the said orders, passed by the primary and appellate authorities, according to the petitioner, he filed a revision before the State Government-first respondent herein on 11.04.2012.

AVSS,J W.P.No.33438 of 2018 In the above background, the grievance of the petitioner, in the present Writ Petition, is that, despite lapse of considerable length of time, no orders have been passed by the first respondent on the said revision and, in view of the same, petitioner herein is sustaining irreparable loss and injury. Since the petitioner herein filed the said statutory revision before the first respondent herein, as long back as on 11.04.2012, under Rule 35-A of the Rules, this Court finds no justification on the part of the first respondent in keeping the said revision pending since then.

Having heard the learned counsel for the petitioner and the learned Government Pleader, this deems it appropriate to dispose of the Writ Petition with a direction to the first respondent to dispose of the revision, dated 11.04.2012, filed by the petitioner herein, against the orders of respondent Nos.2 and 3, dated 30.03.2012, and 22.12.2009, strictly in accordance with law, after giving opportunity of hearing to the petitioner herein, as expeditiously as possible, preferably 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.33438 of 2018 Miscellaneous Petitions, if any, pending in this Writ Petition, shall stand closed.

__________________ A.V.SESHA SAI, J 18th September, 2018 Tsy