Abhayajaneya Stone Crusher, v. The State Of Telangana, Rep. By Its Secretary,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.4066 of 2016 ORDER:

The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to issue writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS directing the Respondents to consider the application of Petitioner No.1 dated 23.12.2015 for grant of quarry lease for road metal in over an extent of 12.000 hectares in Sy.No.38 of Thettekunta Village, Vemulawada Mandal, Karimnagar district as alternative quarry lease as capital source for the crusher in lieu of stopping of quarrying operations in the existing quarry lease granted in the name of Petitioner No.2 in over an extent of 3.000 hectares in Sy.No.

110 of Kodimunja Village, Vemulawada Mandal, Karimnagar district and recommending the same for cancellation of quarry lease granted in proceedings No.1319/Q.11/2010, dated 28.10.2010 for a period of 10 years under public interest for Government Drinking Water Project as arbitrary, illegal, unjust, unconstitutional and in violation of Mines and Minerals (Development & Regulation) Act 1957 and Telangana State Minor Mineral Concession Rules, 1966 and pass such other order or orders as the Hon'ble Court deems fit and proper in the interest of justice."

As the authority concerned is yet to apply its mind to the application dated 23.12.2015 made by the petitioner for grant of a quarry lease, it is not for this Court to consider the matter on merits at this stage.

The Writ Petition is accordingly disposed of directing

the respondent authorities concerned to consider the petitioner's application dated 23.12.2015 in accordance with law and take appropriate action in the matter. In the event the petitioner's request for grant of the quarry lease is rejected, the reasons therefor shall be recorded and communicated to him. This entire exercise shall be completed within three weeks from the date of receipt of a copy of this order.

Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

____________________ SANJAY KUMAR, J 9th FEBRUARY, 2016.

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