IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19537 of 2008 Between: V. Nagaraju, S/o. Late V. Subbarangaiah Chetty, R/o. H.No. 2.96, Ammavaraishala Street, Vemula Village & Mandal, Kadapa District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Industries & Commerce (M.III) Department, Secretariat, Hyderabad. 2 The Assistant Director of Mines and Geology, Yerraguntla, Kadapa District. 3 The District Collector, Kadapa. 4 The Revenue Divisional Officer, Jammalamadugu, Kadapa District. 5 The Tahsildar, Vemula Mandal, Kadapa District. 6 Sri Durgam Pullaiah, S/o. Masthanu, R/o. Vemula Village & Mandal, Kadapa District. 7 Smt. Durgam Bibee, W/o. Kullayappa, R/o. Vemula Village & Mandal, Kadapa District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a Writ, Order or direction, more particularly one in the nature of Writof Mandamus, declaring the action of the Respondents 3 to 5 in granting pattas to the respondents 6 & 7 in which lease was transferred in the year, 2000 on the Petiitoner name and the said lease was initially granted in his father name way back in the year 1946, and the same was renewed time to time, is illegal, arbitrary, unjust and in violation of Principles of Natural Justice and also in violation of Article 14, 16 and 21 of Constitution of India and consequently direct the respondents 6 & 7 vide patta pass Book No. 844 & 845 i n Vemula in Vemula Manal in sy.No. 918/1 and 918/3 and also direct the respondents 3 to 7 not interfere with the peaceful possession and enjoyments of lease granted to Petitioner vide G.O.ms.No. 146, dated 06-05-2005, for the period of 20 years, by the 1st respondent asotherwise petitioner will suﬀer serious loss and great hardship and pass Counsel for the Petitioner:MR.CHALLASIVASANKAR Counsel for the Respondent No.: GP FOR INDUSTRIES & COMMERCE The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19537 of 2008 ORDER: The petitioner claims to be a lessee in respect of Ac.68.22 cents of land in various survey numbers of Vemula and Thummalur Villages of Kadapa District. It is stated that the lease was renewed for the third time, by the Government, through its order in G.O.Ms.No.146, dated 06.05.2005. The lease covered the land in Survey Nos.918/1 & 2 of Vemula Village. The petitioner complains that respondents 6 and 7 were granted patta in respect of the lands in Survey Nos.918/1 & 2 and the latter, in turn, are interfering with the mining activity. He makes a reference to the letter, dated 02.09.2005, said to have been addressed by the Revenue Divisional Oﬃcer, 4 th respondent herein, to the Mandal Revenue Oﬃcer, and submits that no action has been taken thereon. Heard the learned counsel for the petitioner and the learned Government Pleader for Mines and Geology. It is no doubt true that the mining lease in favour of the petitioner was renewed for the third time, vide G.O.Ms.No.146, dated 06.05.2005. However, except that the petitioner apprehends that the patta was granted in favour of respondents 6 and 7 over a part of the leased area, no other particulars are placed before this Court. The details, as to the extent of patta and the date thereof, are not available at present. The letter addressed by the 4th respondent to the Mandal Revenue Officer is also as vague as it could be. Therefore, the writ petition is disposed of, leaving it open to the petitioner to gather necessary particulars as to the patta said to have been granted in favour of respondents 6 and 7 and work out his remedies. It is also made clear that it shall be open to the petitioner to protect his mining activity over the area, on which the lease was granted to him, in accordance with law. There shall be no order as to costs. _________ 11.09.2008 Note: Issue C.C. in three (3) days. (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19537 of 2008 Date: 11.09.2008 JSU