Andhra Pradesh High Court - Amravati
N Vasu Raju vs The State Of Andhra Pradesh on 24 September, 2021
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
HON'BLE SRI JUSTICE U.DURGA PRASAD RAO
WRIT PETITION No.21340 of 2021
ORDER:
The petitioner seeks writ of mandamus declaring the inaction of the respondents in not disposing the application of the petitioner, dated 26.12.2016, for grant of laterite mining lease to an extent of 22.00 Hectares in Survey No.1 of Chinthaluru Village, Prathipadu Mandal, East Godavari District, under A.P. Minor Mineral Concession Rules, 1966 even after lapse of more than four and half years as arbitrary, illegal and for a consequential direction.
2. The petitioner's case is that on his application, the 3rd respondent called for a report from the 4th respondent and accordingly, the 4th respondent sent a letter, vide Ref.B/873/2016, dated 31.12.2016, to the 5th respondent - District Forest Officer, Kakinada, East Godavari District, requesting him to confirm whether the area applied for laterite mining lease falls within 500 meters distance of reserve forest area, in which case, as per G.O.Ms.No.107, dated 30.7.2016, the Tahsildar has to issue no-objection certificate after obtaining no objection report from the forest officials. Thus, in the aforesaid letter, the 4th respondent sought intervention of the 5th respondent. The grievance of the petitioner is that there was no response from the 5th respondent after receiving the letter from the Tahsildar, Prathipadu and thereby, he is put to much hardship. 2
3. Heard learned counsel for petitioner, learned Government Pleader for Mines and Geology representing on behalf of respondents 1 to 3, learned Assistant Government Pleader for Revenue, representing on behalf of the 4th respondent and learned Government Pleader for Forests, representing on behalf of the 5th respondent.
4. At this juncture, learned Government Pleader for Forests would submit that the 5th respondent has already conducted survey through GPS system and found that the applied lease area falls within a distance of 10 meters from the reserved forest area and to that effect, he has already addressed a letter dated 14.11.2017 to 4th respondent.
5. In that view of the matter, to avoid further delay, the 5th respondent is directed to furnish another copy to 4th respondent within one week from the date of receipt of copy of this order, there upon, the 4th respondent shall submit his report within one week thereof to the 3rd respondent, in which case, the respondents 2 and 3 shall pass an appropriate order in accordance with the governing law and rules within six weeks thereof and communicate to the petitioner.
7. With the above observation, this writ petition is disposed of. No costs. As a sequel, miscellaneous applications pending for consideration, if any, shall stand closed.
_________________________ U.DURGA PRASAD RAO, J 24.09.2021 SS