Partly allowed

Galla Janakiram, v. The Government of Andhra Pradesh

Telangana HC18 Apr 2012WP/11144/2012

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh dismissed the writ petition seeking a direction to the Tahsildar to forward a classification and availability report to the Mines Department. The court followed a prior order from W.P. No.9308 of 2012 and directed the 4th respondent to submit the report as of the Government Order.

What did the court decide?

Writ petition disposed of directing the 4th respondent (Tahsildar) to forward the petitioner's application along with the availability and classification report (NOC) to the 3rd respondent.

Galla Janakiram, Vs The Government of Andhra Pradesh — Property and Title | Telangana HC (2012)

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IN THE HIGH COURT JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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WEDNESDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND TWELVE

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PRESENT

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THE HONOURABLE SRI JUSTICE G.CHANDRAIAH

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W.P. No.11144 of 2012

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Between:

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Galla Janakiram … Petitioner and The Government of Andhra Pradesh, Rep.by its Secretary, Industries & Commerce Department, Secretariat, Hyderabad and others.

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… Respondents

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THE HONOURABLE SRI JUSTICE G.CHANDRAIAH

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W.P. No.11144 of 2012

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ORDER:

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Questioning inaction on the part of the respondents, particularly 4^th respondent, in forwarding the availability and classification report (NOC) to the 3^rd respondent directly as regards to classification and availability of the land applied for by the petitioner on his application dated 18.01.2012 for grant of quarry lease for gravel in Survey No.45/P in over an extent of Acs.23.00 situated at V.K.Agraharam Village, Edlapadu Mandal, Guntur District, the petitioner filed the present writ petition.

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The case of the petitioner, in brief, is that he made an application for grant of quarry lease over the above said survey number on 18.01.2012 to the 3^rd respondent in terms of the Andhra Pradesh Minor Mineral Concession Rules, 1966 duly following all the formalities and in compliance with requirements with deposit of application to advance return and survey charges and the same is acknowledged by the 3^rd respondent on 18.01.2012. It is submitted that the 3^rd respondent, Assistant Director of Mines and Geology, forwarded the application of the petitioner to the 4^th respondent, Tahsildar, vide letter dated 18.01.2012 to furnish information regarding classification and availability of the area applied for and the

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4^th respondent is not forwarding the report to the 3^rd respondent, which has to be forwarded in terms of the G.O.Ms.No.181 dated 28.05.1999. Hence, the petitioner filed the present writ petition.

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The learned counsel for the petitioner submitted that this matter is squarely covered by the order dated 03.04.2012 passed by this Court in W.P. No.9308 of 2012. Therefore, similar order may be passed in the present writ petition.

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On the other hand, the learned Government Pleader appearing for the respondents does not dispute the submission made by the learned counsel for the petitioner.

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Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents and perused the material on record.

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The main grievance of the petitioner is that the

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4^th respondent is not forwarding the availability and classification report (NOC) to the 3^rd respondent directly in terms of G.O.Ms. No.181, dated 28.05.1998. Both the learned counsel submitted that the subject matter of this writ petition is squarely covered by the ordered referred to hereinabove.

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Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side and following the order dated 03.04.2012 passed in W.P. No.9308 of 2012, this writ petition is disposed of directing the 4^th respondent, Tahsildar, to forward the application of the petitioner along with the availability and classification report (N0C) as regards to classification ad availability of the land applied for by the petitioner on his application dated 18.01.2012 for grant of quarry lease for gravel in Survey No.45/P in over an extent of Acs.23.00 situated at V.K.Agraharam Village, Edlapadu Mandal, Guntur District as per G.O.Ms.No.181, dated 28.05.1998, to the 3^rd respondent.

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With the above direction, this writ petition is disposed of. There

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shall be no order as to costs.

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_________________________ JUSTICE G.CHANDRAIAH

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Date: 18.04.2012

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Note: Furnish C.C. in three days. B/o. LSK

Galla Janakiram, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Galla Janakiram, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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