IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23639 of 2008 Between: Ch. Sundaramma, W/o. Adduri Rama Rao, L.N.D. Pet, Polavaram Mandal, West Godavari District. ..... PETITIONER AND 1 Asst. Director of Mines and Geology, Eluru, West Godavari District. 2 The District Collector, Eluru, West Godavari District. 3 The Revenue Divisional Officer, Jangareddygudem, West Godavari District. 4 The Mandal Revenue Officer, Gopalapuram Mandal, West Godavari 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 diretion more particularly one in the nature of Writ of Mandamus declaring the action of respondents in allotting lands situated in Sy.No. 140 (old Sy.No. 15) of Saggonda Village for agricultural operations to the landless poor where the petitioner mines and other mines are existing including safety zone 500 meters from the mines of the petitioner as per mining regulations 1961, as illegal arbitrary, unjust, malafide and against the constitutional guarantees aprt from being violation of principles of natural justice and against the sprit of GO Ms.No. 74 Industries and commerce (Mines-I) Department issued by Government of consequently direct the respondents not to allot any part of land Sy.No. 140 (Old Sy.No. 15) of Saggonda Village Gopulpuram Taluk West Godavari District to any person for any purpose other than mining and pass Counsel for the Petitioner:MR.K.V.UPENDRA GUPTA Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23639 of 2008 ORDER: The petitioner was granted mining lease for quartz over an extent of 15.93 hectares of land in Survey No.15 of Saggonda Village, Gopalapuram Mandal, West Godavari District, for a period of 20 years, vide proceedings, dated 24.11.1997, issued by the Assistant Director of Mines and Geology, Eluru, 1st respondent herein. The grievance of the petitioner is that even while the lease is subsisting, respondents 2 to 4 are takings steps to grant pattas to the landless poor. Heard the learned counsel for the petitioner and the learned Government Pleader for Mines and Geology. From a perusal of the copy of the proceedings, dated 24.11.1997, it is evident that the petitioner was granted lease for a period of 20 years over an extent of 15.93 hectares of land in Survey No.15 of Saggonda Village. On the strength of the same, the petitioner is entitled to carry on the activities till 2017. In case, the lease in favour of the petitioner becomes untenable for any reason, it has to be cancelled after following the procedure prescribed by law. As long as the lease subsists, none of the respondents can interfere with the possession of the petitioner over the land, much less, they can induct third parties into possession. Therefore, the writ petition is disposed of, directing that the respondents shall not meddle with the rights of the petitioner over the land, admeasuring 15.93 hectares, in Survey No.15 of Saggonda Village, Gopalapuram Mandal, West Godavari District, as long as the lease in her favour subsists. There shall be no order as to costs. _________ 31.10.2008 Note: Issue C.C. in one week. (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RLD} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23639 of 2008 Date: 31.10.2008 JSU