IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY TUESDAY, THE NINETH DAY OF MARCH, TWO THOUSAND TEN WRIT PETITION No.5349 of 2010 Between: Sri P.Chinna Rao. … Petitioner And The Director of Mines and Geology, BRKR Building, 8th Floor, Tank Bund road, Hyderabad and others. … Respondents Counsel for the petitioner: Sri P.Narahari Babu. Counsel for the respondent: GP for Mines and Geology. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the action of the respondents in not granting permits for transportation of mineral for road metal and building stone over an extent of 0.50 hectares in Survey No.318 of Kunchangi village, Anankapalli Mandal, Visakhapatnam District, as illegal and arbitrary. I have heard the learned counsel for the petitioner and the learned Government Pleader for Mines and Geology. The petitioner was granted lease to quarry road metal and building stone for a period of ten years commencing from the year 1996. On the eve of renewal of the lease period, the petitioner made an application for renewal of the lease on 14-11-2005. The petitioner pleaded that while the said renewal application is pending, the respondents have stopped issuing permits for transporting the excavated mineral. At the hearing, the learned counsel for the petitioner placed reliance on Proviso to Rule 13(2) of the A.P. Minor Mineral Concession Rules, 1966, which provides that where a renewal application is filed with the time, the lease is deemed to have been extended till the disposal of such application. At the hearing, the learned Government Pleader fairly admitted that the petitioner made an application for renewal within the prescribed time; and that the same is not disposed of so far. Having regard to the above admitted fact and in view of the above mentioned statutory provision, it is incumbent upon the respondents to issue permits to the petitioner till the disposal of his application for renewal of the lease. In view of the above, the Writ Petition is disposed of with the direction to the respondents to grant transport permits to the petitioner till the disposal of his application for renewal of the lease. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:09-3-2010 MNR