Andhra Pradesh High Court - Amravati
N Vasu Raju vs The State Of Andhra Pradesh on 22 September, 2021
Author: U.Durga Prasad Rao
Bench: U.Durga Prasad Rao
1
HON'BLE SRI JUSTICE U.DURGA PRASAD RAO
W.P.NO.20983 OF 2021
ORDER:-
The petitioner seeks writ of Mandamus declaring the inaction of the respondents in disposing of the application of the petitioner, dated 26-12-2016 for grant of laterite mining lease to an extent of 22.00 Hectares in Sy.No.1 of Chinthaluru Village, Prathipadu Mandal, East Godavari District under A.P. Minor Mineral Concession Rules,1966 even after lapse of 4 ½ years as arbitrary, illegal and for a consequential direction.
The petitioner's case is that on his application, the 3rd respondent called for a report from the 4th respondent and accordingly 4th respondent sent a letter, vide Ref.B/875/2016, 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 in G.O.Ms.No.107, dated 30- 07-2016, 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
Considering the submission of the learned counsel for the petitioner, this writ petition is disposed of at the stage of admission, directing the 5th respondent to consider the letter of the 4th respondent and submit his report in accordance with the governing Law and Rules to the 3rd respondent expeditiously, but not later than four weeks. On such receiving the report, respondent Nos.2 and 3 shall consider the application of the petitioner, dated 26-12-2016 and pass orders on merits within six(6) weeks from the date of receipt of the report from the 5th respondent. No order as to costs.
Miscellaneous Petitions pending, if any, shall stand closed in consequence.
______________________ U.DURGA PRASAD RAO,J 22nd SEPTEMBER,2021 Note:-
Issue CC by 27-09-2021. (B/O) TSNR