THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.8630 OF 2010 Dated 19th April, 2010 Between: M/s.Sri Anjaneya Minerals, rep. by its Managing Partner, Sri B.Ram Reddy. …Petitioner And The Government of Andhra Pradesh and 2 others. …Respondents Counsel for the petitioner : Smt.Shoba.N Counsel for the respondents: AGP for Mines & Geology The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the action of respondent No.3 in refusing to issue permits to the authorised person of the petitioner-firm for transportation of quartz and feldspar over an extent of 3.073 hectares of land in Survey No.252 of Machupally Village, Koderu Mandal, Mahaboobnagar District, in pursuance of mining lease granted vide G.O.Ms.No.299, Industries and Commerce (MI) Department, dated 16-11-2007, and Errata contained in G.O.Ms.No.347, Industries and Commerce (MI) Department, dated 12-12-2007, as illegal and arbitrary. I have heard Smt.N.Shoba, learned Counsel for the petitioner, and the learned Assistant Government Pleader for Mines and Geology representing the respondents. The petitioner has been granted leases in respect of two different parcels of land. With respect to the lease concerning 4.945 hectares in Survey Nos.226, 227, 255 to 257 of Remadulla Village, Pangal Mandal, Mahaboobnagar District, a dispute was raised by one of the partners of the petitioner with regard to the transfer of lease in favour of a third party. The Government is stated to have kept the transfer order issued in favour of the petitioner in abeyance. In respect of another parcel of the land, for which lease was granted over 3.073 hectares in Survey Nos.242, 248, 252 and 253 of Machapally Village, Koderu Mandal, Mahaboobnagar District, the petitioner applied before respondent No.3 through its authorised agent for grant of transport permits. By letter, dated 23-03-2010, respondent No.3 informed respondent No.2 about the background of the disputes and made a request to the latter to clarify whether despatch permits can be issued to Sri B.Ram Reddy, Managing Partner of the petitioner- firm, if he himself applies for the same. The learned Counsel for the petitioner placed reliance on Section 24 (a) of the Mines and Minerals (Development and Regulation) Act, 1957, under which on the issue of reconnaissance permit, prospecting licence or mining lease under the Act and the rules made thereunder, it shall be lawful for the holder of such permit, licence or lease his agents or his servants or workmen to enter the lands over which such permit, lease or licence had been granted at all times during its currency and carry out all such reconnaissance, prospecting or mining operations as may be prescribed and submitted that the petitioner is entitled to authorise a person of its choice to apply for transport permits and on such application, it is the bounden duty of respondent No.3 to issue the same. The learned Assistant Government Pleader for Mines and Geology on instructions submitted that while there is a dispute regarding the lease pertaining to 4.945 hectares situated in Remadulla Village, there is no dispute regarding the lease pertaining to 3.073 hectares situated in Machapally Village, in respect of which transport permits have been applied for. In view of the same, I do not find any justification for respondent No.3 not to issue transport permits either to the Managing Partner of the petitioner or to the person, who is properly authorised by the petitioner. The Writ Petition is accordingly allowed with the direction to respondent No.3 to issue transport permits in terms of the lease granted in favour of the petitioner in respect of 3.073 hectares in Survey Nos.242, 248, 252 and 253 of Machapally Village, Koderu Mandal, Mahaboobnagar District. C.V.NAGARJUNA REDDY, J Dated 19th April, 2010 lur