IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 9004 of 2008 Between: P.Subba Rao,. S/o.Ramaiah R/o.Chodavaram(V) Guntur Rural(M) Guntur Dist ..... PETITIONER AND 1 The Govt of A.P, rep.by its Secretary Mines & Geology Dept Secretariat Hyd. 2 The Director of Mines & Gelogy BRKR Bhavan Lower Tank Bund Road Hyd. 3 Deputy Director of Mines & Geology Ramannapet, Guntur Dist. 4 The Asst. Director of Mines & Geology 4/2 Pandaripuram Guntur Dist. 5 Tahsidar Yadlapadu(M) Guntur Dist. 6 M/s. Padmavathi Stone Crushers Rep.by its Managing Director Sri O.Janardhan Reddy, 1-2-75 Vijay Puri Near KJC College Ring Road Guntur Dist. 7 RVR &JC College of Engineering rep.by its Secretary & Correspondent Chandramouli Puram Chodavaram Guntur Dist- 522019 .....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 appropriate writ, order or direction more particularly a writ of Mandamus declaring the action of the respondent No.3 in issuing proceedings No.713/Q/AD/(GNT)/2004 dt.19-6-2004 in favour of respondent No.6 as illegal arbitrary and issue a consequential direction setting aside the same. Counsel for the Petitioner : MR. J.PRABHAKAR Counsel for the Respondents : GP FOR MINES AND GEOLOGY The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.9004 OF 2008 ORDER : This writ petition is filed questioning the lease granted in favour of the 6th respondent vide proceedings of the 3rd respondent - Deputy Director of Mines & Geology, dated, 19.6.2004. The learned Government Pleader for Mines & Geology appearing for the respondents at the outset raised an objection that since an alternative remedy of appeal is available against the order impugned the petitioner cannot main this writ petition without exhausting the said alternative remedy. Rule 35 of the A.P. Minor Mineral Concession Rules, 1966 (for short, ‘the Rules, 1966’) provides for an appeal against any order under the Rules passed by the Assistant Director or Deputy Director. Since admittedly the order impugned was passed granting lease under the provisions of the Rules, 1966, the remedy of appeal is available to the petitioner and without exhausting the said remedy he cannot straightaway invoke the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. Accordingly, granting leave and liberty to the petitioner to work out the statutory remedy of appeal, the Writ Petition is disposed of. No costs. ______________ G. ROHINI, J. Dt. 26.6.2008 gbs