IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23913 of 2008 Between: Mudda Subba Reddy, S/o. Gangi Reddy, R/o. Ananthasamudram Village & Post, Pullampet Mandal, Kadapa. ..... PETITIONER AND 1 The Government of India, Rep. by its Secretary, Ministry of Mines, New Delhi. 2 The Government of Andhra Pradesh, Rep. by its Secretary, Industries and Commerce Department, Secretariat, Hyderabad. 3 The Director of Mines and Geology, BRKR Buildings, 8th Floor, Tank Bund Road, Hyderabad. 4 The Assistant Director of Mines and Geology, Kadapa. .....RESPONDENTS 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 No.2 in memo No. 6308/M.III(1)/2008-2, dt. 19-05-2008 in passing orders not to process applications and not processing the mining lease application of the petitioner dt. 30-8-2004 for exploring the iron ore in Sy.No. 1338 over an extent of Acs. 129.00 of Ananthasamudram Village and Acs 59.00 in Sy.No. 1055 Vathalur Village of Kadapa District as arbitrary, illegal, unjust and inviolation of Mines and Minerals (Development & Regulation) Act, 1957, Mineral Concession Rules, 1960, G.O.Ms.No. 181, Industries and Commerce Department, Dt. 28-05-1998 and National Mineral Police 2008 . Counsel for the Petitioner:SMT.N.SHOBA Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER: The petitioner submitted an application on 30.08.2004, to the respondents herein, with a request to grant mining lease for iron ore in the land in survey Nos.1338 (129 acres) of Ananthasamudram Village and 1055 (59 acres) of Vathalur Village, Kadapa District. It is stated that the Revenue Department had issued no objection certiﬁcate and the Director of Mines and Geology, the third respondent herein, has also recommended for grant of lease. The petitioner submits that the further steps are not being taken, on the strength of a memo, dated 19.05.2008, issued by the Industries and Commerce Department of Government of A.P., wherein the Government of India was requested not to process the fresh applications for prospecting or mining leases over the lands in Kadapa and Kurnool districts, on the ground that the Government proposed to reserve the same for exploitation by the A.P. Mineral Development Corporation Limited. Heard learned counsel for the petitioner, learned Standing Counsel for the ﬁrst respondent and learned Government Pleader for Industries. A perusal of the memo, dated 19.05.2008, discloses that the Government of A.P., intended to reserve lands in iron ore bearing areas in the districts of Kadapa and Kurnool for exclusive exploitation by the A.P.M.D.C.Ltd. It is no doubt true that the Mines and Minerals (Development and Regulation) Act, 1957 (for short ‘the Act’), provides for reservation of mineral bearing areas in favour of the agencies of the State. However, such a reservation is to be eﬀected through notiﬁcation approved by the Government of India. Till such a notiﬁcation exists, the rights of citizens cannot be scuttled. Therefore, the impugned memo cannot be taken into account, while processing the application of the petitioner. Totally diﬀerent things would ensue, if the reservation is eﬀected in accordance with the provisions of the Act and the Rules made thereunder. Hence, the Writ Petition is disposed of, directing that the respondents shall process the application and take necessary further steps, without any reference to the memo, dated 19.05.2008, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. ______________________ Dt.04.11.2008 L.NARASIMHA REDDY, J GJ