(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTIETH DAY OF JUNE:TWO THOUSAND AND EIGHT :PRESENT:
THE HON'BLE SRI ANIL RAMESH DAVE, THE CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION NO : 13721 of 2008 Between:
A. Rafeeq S/o. Syed Ismail PETITIONER AND
1. Government of Andhra Pradesh, Rep. by the Principal Secretary, Industries & Commerce, Secretariat, Hyderabad.
2. Tahsildar ( formerly M.R.O.), Gadivemula (M), Kurnool District.
3. District Collector, Kurnool.
4. M/s.Gayatri Cements, H.No.19/118, Pathapeta Dhone, Kurnool District.518222 . RESPONDENTS WHEREAS the Petitioner above named through his Advocate Sri K.Balagopal, presented this writ petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order, direction or writ, more particularly one in the nature of Writ of Mandamus, declaring the action of the second respondent in issuing report Rc.No.144/2006 dated 19-10-2006 showing private land and village common land in Bilakalaguduru and Bujanuru Villages of Gadivemula Mandal, Kurnool District, as Government land and recommending it for mining lease to the fourth respondent, and the further action of the first respondent in issuing mining lease in both private land and Government to the fourth respondent in the form of the vague and unspecific order in G.O.Ms.No.13 Industries & Commerce (Mines.I) Department dated 10-1-2008 based on the said report of the second respondent as arbitrary, unreasonable and lawful, and further set aside the said mining lease.
AND WHEREAS the High Court upon perusing the petition and the affidavit filed herein and upon hearing the arguments of Sri K.BALAGOPAL, Advocate for the Petitioner, G.P. for Industries and Commerce, for the Respondent No.1, and of Sri G.P. for Revenue, for the Respondents 2 and 3, directed issue of notice to the Respondents herein returnable on 14-7-2008, to show cause as to why this writ petition should not be admitted in the circumstances set out in the petition and the affidavit filed in Writ Petition. You viz ;
1. The Principal Secretary, Industries & Commerce, Government of Andhra Pradesh, Secretariat, Hyderabad.
2. The Tahsildar ( formerly M.R.O.), Gadivemula (M), Kurnool District.
3. The District Collector, Kurnool.
4. M/s.Gayatri Cements, H.No.19/118, Pathapeta Dhone, Kurnool District.518222 are directed to show cause on or before 14-7-2008 to which date the case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this writ petition should not be admitted. Learned counsel for the petitioner is permitted to take out personal notice under Regd.post acknowledgment due and file proof of service.
List on 14-7-2008 ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To
1. The Principal Secretary, Industries & Commerce, Government of Andhra Pradesh, Secretariat, Hyderabad.
2. The Tahsildar ( formerly M.R.O.), Gadivemula (M), Kurnool District.
3. The District Collector, Kurnool.
4. M/s.Gayatri Cements, H.No.19/118, Pathapeta Dhone, Kurnool District.518222 (1 to 5 BY RPAD Along with a copy of petition and affidavit) 5.2ccs to G.P. for Industries & Commerce, High Court of A.P.Hyderabad (OUT) 6.2ccs to G.P. for Revenue, High Court of A.P.Hyderabad (OUT) 7.1cc to Sri K.Balagopal, Advocate (OPUC) 8.2 spare copies smj HIGH COURT HCJ. & RSR.J.
DATED 30-6-2008 LIST ON 14-7-2008 NOTICE BEFORE ADMISSION W.P.NO.13721 OF 2008 Smj Drafted on 1-7-2008 HIGH COURT HCJ. & RSR.J.
DATED 30-6-2008 LIST ON 14-7-2008 NOTICE BEFORE ADMISSION W.P.NO.13721 OF 2008