THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.28139 of 2007 Date : 15-2-2008 Between : Mylu Venkata Subbaiah .. Petitioner And The Assistant Director of Mines and Geology, Nellore and others .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.28139 of 2007 ORDER: 1. This Court ordered notice before admission on 18-1-2008. 2. The service effected by way of publication made in Andhra Jyothi Telugu daily newspaper dated 24- 1-2008, in respect of respondents 3 and 4, is held sufficient. 3. Heard the Counsel for writ petitioner and also the learned Assistant Government Pleader for Industries representing the respondents 1 and 2. 4. The Writ Petition is filed for a Writ of Mandamus declaring the proceedings of the respondents 1 and 2 in proceedings No.1852/M2/78 dated 23-5-2007 and the proceedings No.25146/NLR/AH-07 dated 15-12- 2007 as arbitrary, illegal and hence null and void and consequently to direct the respondents not to issue any proceedings declaring the respondents 3 and 4 as successors and entitled for the unexpired period of mining lease granted in favour of late A.Radha Krishnaiah, pending adjudication of the Succession proceedings and to pass such other suitable orders. 5. The operative portion of the order dated 15- 12-2007 reads as hereunder : “A personal hearing of the appeal was held on 4-8- 2007. The appellant disputed the ex-party orders passed by the Principal Junior Civil Judge, Nellore declaring Smt.Gattu Sunitha Kumari as successor to late Sri A.Radha Krishnaiah and requested to stay the proceeding of the Assistant Director of Mines and Geology, Nellore until the issue is resolved by the lower court. The successor declared Smt.Gattu Sunitha Kumari also attended for hearing and represented that she got the Succession Certificate from the lower court as per the advise of the Assistant Director of Mines and Geology, Nellore. The request of the appellant cannot be considered at this stage. If at all any grievance against the Lower Court orders, the appellant can take legal remedy before the appropriate court only but not before the Appellate Authority. Therefore, the order passed by the Assistant Director of Mines and Geology, Nellore are well within the statutory provisions. In view of the above and as per the powers delegated under rule 35 of APMMC Rules, 1966 the appeal filed by Sri M.Venkatasubbaiah, Nellore is hereby dismissed. The Assistant Director of Mines and Geology, Nellore is directed to take further necessary action as per rules.” However, it is brought to the notice of this Court that when on the strength of an ex parte order made in the Succession Certificate proceedings, the order had been made and subsequently the same had been set aside, despite such order being set aside, to confirm the order on the self-same ground cannot be sustained. In the light of the same, the impugned order is hereby set aside and the matter is remitted to the 2nd respondent to give opportunity to the petitioner and also the respondents 3 and 4 and decide the matter afresh in the light of the specific stand taken by the writ petitioner in the affidavit filed in support of the Writ Petition, as early as possible and at any rate within a period of four weeks from the date of receipt of this order. 6. The Writ Petition is accordingly allowed to the extent indicated above. No costs. _________________ Justice P.S.Narayana Date : 15-2-2008 Note: Furnish copy in (3) days. AM