THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos.1852 & 1856 of 2004 Dated: 03.10.2007 W.P.No.1852 of 2004: Between: P.Perumallu. .. Petitioner. And The Deputy Director of Mines & Geology, Guntur, and others. .. Respondents W.P.No.1856 of 2004: Between: T.Ramakrishna Rao .. Petitioner. And The Deputy Director of Mines & Geology, Guntur, and others. .. Respondents THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos.1852 & 1856 of 2004 COMMON ORDER: The petitioners in both these writ petitions approached this Court and filed the present writ petitions seeking a writ of Mandamus directing the 2nd respondent to execute the mining lease under Rule 8 of A.P.Minor Mineral Concession Rules, 1966 and declare the tender notification of the 3rd respondent in Rc.No.10815/2002-H4 inviting public auction for quarrying area of 23.60 ac. in S.No.581, in which the petitioners in both these writ petitions were already granted mining lease over an extent of Ac.1.00 and Ac.1.94 cents respectively of Perecherla village, Medikondur Mandal, Guntur district as illegal and arbitrary and to grant such other appropriate orders. 2. As the prayer in both these writ petitions are common, these two writ petitions are disposed of by this common order. 3. In the affidavits filed in support of the writ petitions, the petitioners stated that earlier they were granted mining lease over an extent of 1.00 acre and Ac.1.94 cents respectively in Survey No.581 of Perecherla village for a period of ten years from 11.11.1992 and the lease was in force upto 02.12.2002. They further stated that after the expiry of the said lease, they have applied afresh for grant of quarry lease over the same extents of the lands and the Assistant Director of Mines & Geology, Guntur- the 2nd respondent herein after due enquiry recommended the quarry lease to the petitioners over the said extents of the land and basing on the said recommendation, the Deputy Director of Mines & Geology, Guntur-the 1st respondent herein granted mining lease in favour of the petitioners vide proceedings No.3165/Q1/AD(GNT)/2003, dated 23.12.2003 for a period of ten years i.e., from 23.12.2003 to 22.12.2013 over the said extents of the land, and accordingly, the petitioners also paid advance dead rent and security deposit, but till this day, the 2nd respondent has not executed the mining lease. The petitioners further stated that while the things stood thus, the 3rd respondent issued public tender notice in Rc.No.10815/2002-H4, dated 24.12.2003, inviting public auction for granting of lease of quarry land of Guntur Zilla Parishad in Survey No.581 over an area of Ac.23.60 cents of Perecherla village, including Ac.1.00 cents and Ac.1.94 cents for which mining lease was already granted to these petitioners. Subsequent thereto, another tender notice in Rc.No.10815/2002-H.4, dated 13.01.2004, was issued for granting of lease of 40 acres of land, each 20 acres in total extent of Ac.63.50 cents in Survey No.581 of the said village, leaving 23.60 cents, which had already been notified vide proceedings dated 24.12.2003. Hence, these writ petitions. 4. Heard the learned counsel for the petitioners. 5. As per the case of the petitioners, their earlier mining lease over an extent of Ac.1.00 and Ac.1.94 cents respectively in Survey No.581 of Perecherla village was in force upto 02.12.2002 and after the expiry of the said lease, they have applied afresh for grant of quarry lease over the same extent of the land, whereby, the 1st respondent, after taking various factors into consideration, granted mining lease in favour of the petitioners vide proceedings No.3165/Q1/AD(GNT)/2003, dated 23.12.2003, for a period of ten years, subject to the condition that the grantees should produce N.O.C. for further period of five years from VGTM, UDA, Guntur on or before expiry of five years period. From the above, it is clear that the Department of Mines & Geology, Guntur is not at all having any objection in so far as the said lease granted in favour of these petitioners is concerned, but the Zilla Parishad is opposing the same for obvious reasons. Despite the fact that notices are served on the 3rd respondent i.e., Zilla Parishad, it has not chosen to file any counter. Of course, the Mines & Geology, Guntur, filed a detailed counter affidavit admitting that the quarry lease applied afresh by the petitioners was granted vide proceedings dated 23.12.2003, but, because of their not producing clearance from the Zilla Parishad, the respondents 1 and 2 could not execute the mining lease deed. Further, the letters dated 02.01.2004, which are addressed by the Assistant Director of Mines & Geology, Guntur-2nd respondent herein to the Chief Executive Officer, Zilla Parishad-3rd respondent and also the Collector & District Magistrate, Guntur clearly show that the quarry lease applied for by the petitioners was granted for a period of ten years, and in the letter addressed by the 2nd respondent to the 3rd respondent, dated 02.01.2004, it is evident that the 2nd respondent requested the 3rd respondent to issue the necessary clearance on the subject area in favour of the petitioners so that a regular quarry lease deed can as well be executed. 6. Having regard to the facts and circumstances of the case, this Court is of the view that the action of the 3rd respondent in issuing the tender notification, dated 24.12.2003, calling for applications for public auction for quarrying area of Ac.23.60 cents in Survey No.581 of Perecherla village, including the extent of the land for which the petitioners were already granted mining lease i.e., Ac.1.00 and Ac.1.94 cents respectively in Sy.No.581 of Perecherla village, is illegal, and accordingly, the same is set aside. However, as the Zilla Parishad, Guntur has not filed any counter affidavit and the reason for their not giving clearance on the subject area in favour of the petitioners is not known, this Court directs the Chief Executive Officer, Zilla Parishad, Guntur-2nd respondent herein to give the required clearance as sought for by the petitioners forthwith. 7. Accordingly, these writ petitions are allowed. No order as to costs. _________________________ (GOPALA KRISHNA TAMADA,J) Dt.03.10.2007 Note: Furnish CC in two days B/o v v