IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.10587 of 2010 Date: 8th October, 2010 Between: Nune Yallamanda and others. .. Petitioners And State of A.P., rep. by its Secretary to Government, Industries and Commerce Department, A.P. Secretariat, Hyderabad & others. .. Respondents THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.10587 of 2010 ORAL ORDER: This writ petition is filed seeking a Mandamus directing the second respondent to forthwith enquire into the complaint made by the petitioners through their lawyer’s notice dated 16.12.2009 and their representation dated 23.1.2010 for canceling the proceedings No.25807/R-3-1/09 dated 16.7.2009 renewing the quarry lease for a period of twenty years w.e.f. 19.8.2008 in favour of M/s Ongole Galaxy, sixth respondent herein and cancel the same. It appears, petitioners are the owners of land in Survey Nos.54/1, 54/2 and 54/3 of R.L.Puram village, Cheemakurthy mandal, Prakasam district. On 2.11.1991, petitioners leased out an extent of Ac.9.77 cents to sixth respondent for a period of seven years upto 1.11.1998. Based on the said lease deed, sixth respondent obtained quarry lease for black granite over the land on 8.4.1992. Petitioners extended lease period upto 31.10.2009. On 22.6.2009, petitioners informed the authorities that they are not going to extend the lease period beyond 31.10.2009 and requested them not to renew the quarry lease of sixth respondent. On 23.6.2009, sixth respondent submitted a letter alleged to have been issued by the petitioners agreeing to extend the lease period by forging their signatures. On coming to know about the same, petitioners submitted letter dated 14.12.2009 and also sent lawyer’s notice on 16.12.2009 to the Director of Mines and Geology protesting against renewal. The Assistant Director of Mines, sent a reply to the petitioners on 4.1.2010 stating that renewal was accorded basing on the alleged consent letter dated 23.6.2009. Petitioners sent another lawyer’s notice on 23.1.2010 and thereafter filed a private complaint under Section 190 and 200 Cr.P.C. on 3.3.2010 before the III Additional Munsif Magistrate, Ongole against the sixth respondent, which was referred to the Station House Officer, Ongole Police Station for investigation. The said complaint was registered as F.I.R.No.117 on 24.4.2010. Now the grievance of the petitioners is that though they have made several representations to the Director of Mines and Geology stating that they did not issue the consent letter for renewal of lease and the signatures on the said letter were forged one and requested to enquire into the matter, there was no response from the respondents. Hence, this writ petition. The learned counsel appearing for sixth respondent submitted that petitioners gave consent letter for renewal of lease and in fact, no consent is required in a case of this nature. The learned Government Pleader appearing for official respondents also supported the case of sixth respondent. In this regard, it is necessary to notice the proceedings issued by the Director of Mines and Geology dated 16.7.2009 while granting renewal to sixth respondent, which reads as under: “The grant of renewal is liable for cancellation should it be found that it was grossly inequitable or was made under a mistake of fact or owing to misrepresentation or fraud or in excess of authority”. Once this is so, the authority, which has renewed the lease, is entitled to enquire into the matter and has to find out whether the complaint made by the petitioners is true or not. Under those circumstances, I am of the opinion that the writ petition itself can be disposed of at the stage of admission, with the following directions. The second respondent shall examine the matter in the light of the lawyer’s notice dated 16.12.2009 and the representations made by the petitioners in this regard on 23.1.2010 and conduct a detailed enquiry after hearing all the concerned. This exercise shall be completed within a period of two months from the date of receipt of this order. The writ petition is accordingly disposed of. No order as to costs. ______________ C.V.RAMULU, J Date: 8.10.2010 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.10587 of 2010 8.10.2010