IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.33400 of 2014 BETWEEN L.S. Shafiulla.
AND ... PETITIONER The State of Andhra Pradesh, Rep. by its Principal Secretary, Industries & Commerce, Mines.II (I) Department, Secretariat, Hyderabad and others.
...RESPONDENTS Counsel for the Petitioner: MR. MD. SALEEM Counsel for the Respondents: GP FOR MINES & GEOLOGY (TG) The Court made the following:
ORDER:
Petitioner has made an application dated 22.12.2010 for grant of quarry lease in respect of Colour Granite over an extent of 2.000 hectares in Sy.No.1054 of Beerangi village, B. Kotha Kota Mandal, Chittoor District. It appears that the said application has been enquired into and survey was also conducted. However, as the petitioner failed to attend the survey and inspection and since the Tahsildar, B. Kotha Kota Mandal was not inclined to issue no objection certificate, it was proposed to reject the application to the petitioner. Hence, the Joint Director of Mines and Geology issued a show cause notice dated 24.04.2013 to the petitioner to show cause as to why his application for quarry lease should not be rejected under Rule 12(5)(D) A.P. Minor Mineral (Concession) Rules, 1966. Though the petitioner submitted his reply dated 28.05.2014, the grievance of petitioner in this writ petition is that, neither orders are being passed by the respondents nor the petitioner is granted quarry lease.
2. Learned Government Pleader has received instructions from the office of the Director of Mines and Geology wherein the factual aspects regarding application of the petitioner as well as the survey conducted and the show cause noticed issued for cancellation are not disputed. However, it is stated that the reply of the petitioner to the show cause notice is, however, not traceable in the office records on account of State’s bifurcation at that time. In view of that, learned Government Pleader requests that the petitioner may be directed to submit his reply once again so as to enable the Director of Mines and Geology to consider the said reply with reference to the show cause notice dated 24.04.2013 and take appropriate decision in the matter.
3. In view of the instructions, as recorded above, I deem it appropriate to permit the petitioner to file a fresh reply to the show cause notice, referred to above, within a period of two (2) weeks from today and on receipt of such reply, the Director of Mines and Geology shall consider the same and take an appropriate decision in the matter and communicate the same to the petitioner, preferably, within a period of six (6) weeks thereafter.
The writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
VILAS V. AFZULPURKAR, J November 24, 2014 Note: Furnish C.C. of the order by 27.11.2014. (B/o) DSK