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 : 24052 of 2008 Between: Velocity Mines Pvt. Ltd., Rep. by its Director M. Krishna Reddy 44, MLA & MP Colony, Road No,. 10C Jubilee Hills, Hyderabad. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its Principal Secretary, Industries & Commerce (Mines) Department, Secretariat, Hyderabad. 2 The Director of Mines and Geology, Government of Andhra Pradesh, Hyderabad. 3 The Assistant Director of Mines and Geology, Kurnool. 4 The Union of India, Rep. byi ts Secretary, Ministry of Mines, Department of Coal & Mines, New Delhi. .....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 a writ order or direction more particularly one in the nature of Mandamus declaring the action of the 4th Respondent in keeping pending the proposal forwarded by the 1st Respondent by letter dt. 17-10-2007 for grant of approval Under Section 5(1) of the Mines and Minerals (Development and Regulation) Act 1957 for mining lease in favour of the petitioner company for iron ore over an extent of 11.174 hectares in Sy.No. 267/1, 278/4A & 4B, 269/1 and 274/A/A of Pullalgunni Village, Veldurthi Mandal, Kurnool District without any Justiﬁcation whatsoever, as illegal, arbitrary and contrary to the statutory provisions and consequently direct the 4th Respondent to process the case of the petitioner and grant approval as sought for by the 1st Respondents letter dt. 17-10-2007. Counsel for the Petitioner:MR.P.ROY REDDY Counsel for the Respondent: GP FOR INDUSTRIES & COMMERCE The Court made the following: ORDER: The petitioner submitted an application on 02.05.2006, to the respondents herein, with a request to grant mining lease for iron ore in the land in survey Nos.267/1, 278/4A & 4B, 269/1 and 274/A/A (11.174 hectares) of Pullagunni village, Veldurthi Mandal, Kurnool District. It is stated that the Revenue Department had issued no objection certiﬁcate and the Director of Mines and Geology, the second respondent herein, has also recommended for grant of lease through letter, dated 17.10.2007. 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 Government Pleader for Industries for respondents 1 to 3 and learned Standing Counsel for the fourth respondent. 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