IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF MARCH, TWO THOUSAND TEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28303 of 2009 Between: B. Venkata Ramudu. … Petitioner And The Director of Mines and Geology, Government of A.P., Hyderabad & others. … Respondents Counsel for the petitioner : Sri Vedula Srinivas Counsel for respondents 1-3: AGP for Mines and Geology Counsel for respondent No.4: Sri Y. Raveendra Kumar This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28303 of 2009 ORDER:- This writ petition is filed for a Mandamus to declare the action of respondent Nos.1 to 3 in granting quarry lease in favour of respondent No.4 in respect of 2 hectares of land in Sy.Nos.410/3 and 45/1 of Settivaripalli and Tarikonda Villages, Gurramkonda Mandal, Chittoor District, as illegal and arbitrary. I have heard Sri Vedula Srinivas, learned counsel for the petitioner, learned Assistant Government Pleader for Mines and Geology for respondent Nos.1 to 3 and Sri Y.Raveendra Kumar for respondent No.4. The controversy in this writ petition lies in a narrow sphere. The plea of the petitioner is that in respect of lease dated 20.06.2003 granted in favour of M/s.Kailash Rocks over the abovementioned extent, the petitioner filed an application for transfer of the lease in his favour in the year 2004. His grievance is that even though the said application was pending, a fresh lease was granted in favour of respondent No.4. The petitioner questioned the said grant in this writ petition on the short ground that while the lease in favour of M/s.Kailash Rocks was subsisting and his application for transfer of lease is pending, no lease should have been granted in favour of respondent No.4. Separate counter affidavits have been filed on behalf of respondent Nos.1 to 3 and 4. In the counter affidavit filed by respondent No.3, it has been inter alia stated that neither the original lessee nor the petitioner paid dead rent from the year 2005-06, that even for the year 2004- 05, the dead rent was paid only after a show cause notice was issued by respondent No.1. It is further stated that again on 12.04.2006, a show cause notice was issued to the lessee for non- payment of advance dead rent for the year 2006-07, that as there was no response to the said show cause notice, the quarry lease was determined by proceedings dated 08.06.2009 of respondent No.1. It is further stated that in view of the determination of quarry lease, the petitioner’s application for transfer was also rejected by respondent No.1 on 06.11.2009. The learned counsel for the petitioner submitted that neither the order of determination of lease nor rejection of his application was communicated to the petitioner. In my considered opinion, if the determination of the lease and rejection of the petitioner’s application for transfer are illegal, the appropriate remedy for the petitioner is to question the same. Evidently, after determination of the lease, respondent No.4 has been granted a fresh lease. It is not necessary for this Court to delve into the question whether grant of lease in favour of respondent No.4 is legal or proper, because that question does not arise in this case. If the petitioner feels aggrieved by the determination of the lease and rejection of his application for transfer, the original lessee or the petitioner, as the case may be, shall be free to question the said proceedings. The petitioner is also entitled to question grant of lease in favour of respondent No.4, if the same is made in contravention of the provisions of Mines and Minerals (Development and Regulation) Act, 1957 and/or the Rules made thereunder. Subject to the above observations, the writ petition is dismissed. As a sequel to dismissal of the writ petition, interim order dated 24.12.2009 is vacated. WPMP.No.36859 of 2009 is dismissed and WVMP.Nos.679 and 704 of 2010 are disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 02.03.2010 ES