IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE MR JUSTICE R.SUBHASH REDDY Writ Appeal No. 421 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 17/01/2008 in Writ Petition No. 11388 of 2007 on the file of the High Court.) Between: M/s. Gem Granites (Pvt.) Limited, 76, Cathedral Road, Chennai, Rep. by its Regional Manager, R. Gunashekaran, S/o. G. Raju. ... APPELLANT AND 1) B.V. Subba Rao, S/o. Suba Rayudu, R/o. 40-814-10-10-5, Nehru Nagar, Kurnool, Kurnool District. 2) Government of A.P. Industries and Commerce (M-II) Dept., rep. by its Secretary, Secretariat, Hyderabad. 3) The Director Mines & Geology B.R.K.R.Bldgs., Tank Bund road, Hyderabad. ...RESPONDENTS Counsel for the Appellant: SMT.N.SHOBA Counsel for Respondent No.1: MR. V. SRINIVAS Counsel for Respondent Nos.2 & 3: GP FOR MINES AND GEOLOGY The Court made the following: Oral Judgment: (Per Shri Anil R. Dave, Chief Justice) 1. In this appeal, order dated 17.1.2008 passed by the learned Single Judge in Writ Petition No.11388 of 2007 has been challenged by respondent No.3 in the original petition. 2. By virtue of the impugned order passed by the learned Single Judge, the case has been remitted to respondent No.2 Government of Andhra Pradesh to re-consider the whole issue with regard to grant of lease under the provisions of A.P. Minor Mineral Concession Rules, 1966. 3. Upon hearing the learned advocates and looking to the order passed by the learned Single Judge, we find that certain relevant considerations had not weighed while taking final decision by respondent No.2 and, therefore, we are in agreement with the final decision arrived at by the learned Single Judge that respondent No.2 should re-consider the entire matter. While re-considering the question with regard to grant of lease, respondent No.2 shall consider all relevant facts with regard to possession of the land in question and its policy with regard to grant of lease in favour of pattedar-occupant of the land in question. 4. We are sure that after considering all relevant factors, including the policy of the State with regard to grant of such lease, by a speaking order, respondent No.2 shall, upon hearing the appellant as well as respondent No.1, take final decision within six weeks from the date of receipt of a copy of this judgment. We are also sure that the parties to the litigation shall not pray for time and present their case before the concerned officer without further delay in the matter. 5. Subject to the above observations, the appeal is dismissed. ANIL R. DAVE, CJ July 02, 2008 R. SUBHASH REDDY, J svs ........REGISTRAR To 1. 2.2 CD copies Form-NIC-OGS/WA {SPJS}