IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8118 of 2008 Between: M/s. Balaji Electro Smelters Limited, Rep. by its Director K. Sudesh Kumar, S/o. Narayana R/o. Yavatmal, Maharashtra. ..... PETITIONER AND 1 The Government of India, rep. by its, Secretary, Ministry of Mines, Shastri Bavan, New Delhi 110001. 2 The Government of Andhra Pradesh, rep. by its, Secretary, Industries and Commissioner, Secretariat, Hyderabad. 3 The Director, Mines and Geology, 8th Floor, BRKR Buildings, Tank Bund Road, Hyderabad. 4 The Assistant Director of Mines and Geology, H.No.6-58/1, Janakaprasada Nilayam, Near Fire Station, Mancherial, Adilabad 504208. 5 M/s Linga Enterprises, rep. by is Managing Partner, Sri Aleti Linga Reddy, # 46C, MLA Colony, Road No.12, Banjara Hills, Hyderabad-500034. .....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 issue an order or writ one in the nature of writ of Mandamus declaring the action of the respondents proposing to grant Prospecting Licence for Manganese Ore in favour of 5th respondent in over an extent of Acs.2867.61 in Sy.Nos.1 to 76, 78, 79,81,84, 87 to 89,92, 95 to 98, 100 to 108, 116 to 132, 135 to 138, 143 to 232 of Pimperkunta (Pippalkoti) Village, Thamsi Mandal, Adilabad District and seeking prior approval of Government of India (1st respondent) in Lr. No.10838/M-III(2)/2007-1, dt. 04.08.2007 overlapping the area on lease held by the petitioner extent of Acs.80.63 in Sy.Nos.139(P), 140(P), 141(P), 142(P), 143(P), 144, 145 & 154 and patta lands of the petitioner of Pimperkunta Village, Tamsi Mandal, Adilabad District and proposing to grant Prospecting Licence as arbitrary, illegal, unjust and contrary to Mines and Minerals (Development & Regulation) Act, 1957 and Mineral Concession Rules, 1966 and consequently call for the proceedings in Lr.No.10838/M-III(2)/2007-1, dt. 04.08.2007 set aside the same and pass such other orders in the circumstances of the case. Counsel for the Petitioner: SMT.N.SHOBA Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) GP for Mines and Geology The Court made the following : THE HON’BLE MR. JUSTICE GOPALA KRISHNA TAMADA W.P. No. 8118 of 2008 ORDER: The petitioner approached this Court and filed the present writ petition with the following prayer. “For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue an order or writ one in the nature of writ of Mandamus declaring the action of the respondents proposing to grant Prospecting Licence for Manganese Ore in favour of 5th respondent in over an extent of Acs.2867.61 in Sy.Nos.1 to 76, 78, 79,81,84, 87 to 89,92, 95 to 98, 100 to 108, 116 to 132, 135 to 138, 143 to 232 of Pimperkunta (Pippalkoti) Village, Thamsi Mandal, Adilabad District and seeking prior approval of Government of India (1st respondent) in Lr. No.10838/M-III(2)/2007-1, dt. 04.08.2007 overlapping the area on lease held by the petitioner extent of Acs.80.63 in Sy.Nos.139(P), 140(P), 141(P), 142(P), 143(P), 144, 145 & 154 and patta lands of the petitioner of Pimperkunta Village, Tamsi Mandal, Adilabad District and proposing to grant Prospecting Licence as arbitrary, illegal, unjust and contrary to Mines and Minerals (Development & Regulation) Act, 1957 and Mineral Concession Rules, 1966 and consequently call for the proceedings in Lr.No.10838/M-III(2)/2007-1, dt. 04.08.2007 set aside the same and pass such other orders………” Heard learned counsel for the petitioner as well as the learned Government Pleader for Mines and Geology. It is true that the 5th respondent requested the authorities for grant of prospecting licence of manganese ore for an extent of 2867.61 acres covered by different survey numbers of Pimperkuna (Pippalkoti) village, Thamsi Mandal, Adilabad district. However, the Government, on the basis of the recommendations made by the respondents 3 and 4, restricted the said proposal to an extent of 2867.61 acres covered by different survey numbers and thus passed an order vide its letter No. 10838/M-III (2)/2007-1, dated 4.8.2007 and sent it to the 1st respondent for its prior approval. The learned counsel for the petitioner submits that an extent of 80.63 acres of land covered by different Sy.Nos. 139 (P), 140 (P), 141 (P), 142 (P), 143 (P), 144, 145 and 154 of Pimperkunta village, Tamsi Mandal, Adilabad district, for which the petitioner is having lease, is also included in the said recommendations. However, the learned Government Pleader, on instructions, clarified that originally the said land which was proposed to be leased out to the petitioner was also included, but subsequently the same was deleted from the said recommendations and the 1st respondent-Central Government will pass appropriate orders only on the basis of the revised plans submitted by the 2nd respondent in the month of March, 2008. In view of the said statement, this Court is of the view that there would be no prejudice to the petitioner even if the said recommendations of the 2nd respondent are accepted by the 1st respondent, as an extent of 80 and odd acres in Sy.Nos. 139 (P), 140 (P), 141 (P), 142 (P), 143 (P), 144, 145 and 154 of Pimperkunta village, Tamsi Mandal, Adilabad district which was leased out to the petitioner cannot be under consideration by the 1st respondent. The writ petition is accordingly disposed of. ____________________________ GOPALA KRISHNA TAMADA, J Dt.16.4.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of India, rep. by its, Secretary, Ministry of Mines, Shastri Bavan, New Delhi 110001. 2 The Government of Andhra Pradesh, rep. by its, Secretary, Industries and Commissioner, Secretariat, Hyderabad. 3 The Director, Mines and Geology, 8th Floor, BRKR Buildings, Tank Bund Road, Hyderabad. 4 The Assistant Director of Mines and Geology, H.No.6-58/1, Janakaprasada Nilayam, Near Fire Station, Mancherial, Adilabad 504208. 5. 2CCs to GP for Mines and Geology, 6. 2 CD copies Form-NIC-OGS/WP{MSN}