PARVATHAREDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The 6th respondent herein, by name Smt. Adapa Jhansi Lakshmi, submitted an application to the Director of Mines and Geology, Hyderabad, the 2nd respondent herein, through proper channel for grant of mining lease to Black Granite over Ac. 9.25 cents of land in Survey Nos. 578 and 579 of Chimakurthy Village and Mandal, Prakasam District, in the year 2009. As required under G.O.Ms. No. 181, dated 28.05.1998, the Assistant Director of Mines and Geology, Prakasam District, the 3rd respondent herein, forwarded the same to the Tahsildar, Chimakurthy Mandal, the 5th respondent herein, for grant of 'No Objection Certificate' (NOC). The 5th respondent issued proceedings, dated 22.10.2010, granting NOC and forwarded a copy thereof to the District Collector, Prakasam District, the 4th respondent herein, in compliance with the requirement under the G.O. The latter, in turn, addressed a letter, dated 02.01.2010, to the 5th respondent requiring him to once again examine, the availability and desirability of land for grant of mining lease. Acting on that, the 5th respondent issued proceedings, dated 22.05.2010, granting NOC in favour of the 6th respondent. The petitioner challenges the same. The petitioner contends that she purchased the land in question through a sale deed, dated 17.02.2001, from Smt. Pamidi Subbaratnamma and her vendor enjoyed the rights of ownership so much so, that he was issued pattadar pass book and title deed under the Andhra Pradesh Rights and Land and Pattadar Pass Books Act, 1971 (for short, 'the Act'). The petitioner contends that at one point of time, the 5th respondent issued a certificate to the effect that the lands in Survey Nos. 578 and 579 are held in patta. The petitioner ultimately submits that there was absolutely no justification for the 5th respondent in issuing NOC in respect of patta lands.

(2.) The 3rd respondent filed a counter affidavit stating that their Department has to act according to the NOC issued by the Revenue Department and that they do not have any independent stand on that aspect.

(3.) The 4th respondent filed a counter affidavit. According to her, the lands are held by the Government as per the entries in the revenue records. It is, however, admitted that two incumbents, who worked as Mandal Revenue Officers, Chittoor, took different views, as regards classification of the land, and that the matter is under verification.