This order directs a government official to expedite the submission of a required report regarding a quarry lease application within thirty days to ensure timely disposal.
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THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
WRIT PETITION NO.27767 OF 2011
DATED:11.11.2011
Between: M/s. Pavan Granites Prop. K.N. Shiva Reddy R/o. Alvata Village Srinivasapur Taluk Kolar District … Petitioner
And The Government of A.P., rep. by its Secretary Industries & Commerce, Mines.II(I) Department Secretariat Buildings, Hyderabad and others … Respondents
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
WRIT PETITION NO.27767 OF 2011
ORDER:
Heard learned counsel for the petitioner, learned Government Pleader for Mines and Geology appearing for respondents 1 to 3, and learned Government Pleader for Revenue appearing for respondents 4 and 5.
The petitioner has applied for grant of quarry lease under the application dated 23.2.2011 in terms of G.O.Ms.No.181 Industries & Commerce (Mines-I) Department, dated 28.05.1998. An expeditious disposal of such application is regulated by the procedure prescribed under the said G.O. The main grievance of the petitioner is that though the report from the fifth respondent is called for by the third respondent - Assistant Director of Mines and Geology, but the report is not sent in terms of the G.O. directly to the third respondent within the time prescribed. The learned counsel for the petitioner relied upon similar grievance redressed by order of this Court in Writ Petition No.22568 of 2011 dated 10.08.2011 and requests for a similar direction.
Learned Government Pleader for Revenue on instructions submits that the petitioner’s application for No Objection Certificate was sent to the fifth respondent - Tahsildar by the third respondent - Assistant Director of Mines and Geology on 27.9.2011, that is after lapse of seven months, and on that ground the Tahsildar seems to have rejected the proposal.
Learned counsel for the petitioner points out that even earlier, on 23.2.2011 itself the third respondent sought report from the fifth respondent.
Apparently, the fifth respondent - Tahsildar has not applied his
mind regarding compliance required by him as per G.O. Ms. No.181, dated 28.05.1998. The third respondent - Assistant Director of Mines and Geology shall therefore send one more copy of the petitioner’s application to the fifth respondent – Tahsildar, who shall take necessary action thereon under G.O. Ms. No.181 referred to above and send the report, within thirty days from the date of receipt of the application, directly to the third respondent - Assistant Director of Mines and Geology, in terms of the G.O.Ms.No.181, dated 28-051998.
With the above directions, the writ petition is disposed of. No costs.
_______________________ VILAS V. AFZULPURKAR , J 11.11.2011 bnr
M/s. Pavan Granites Prop. K.N. Shiva Reddy
Government of A.P.
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
