IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 27970 of 2008 Between: B.Ankanna, S/o. B.Thippanna, R/o. Palkur Village, Banaganapalli Mandal, Kurnool District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Industries and Commercie (M.II) Dept., Rep by its Secretary to Government, Secretariat, Hyderabad. 2 The Director of Mines and Geology, Hyderabad. 3 The Deputy Director of Mines and Geology, Kurnool, 4 The Assistant Director of Mines and Geology, Banaganapalli, 5 The Mandal Revenue Officer, Banaganapalli. .....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 appropriate Writ or order or a direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in directing the petitioner to stop carrying out quarrying operations in 1.000 Hectares of land in Survey No.303 of Palkur Village, Banaganapalli Mandal, Kurnool District during the existence of the lease Period, which is valid up to 19-10-2011 as arbitrary, illegal, and violative of Article 14 of the Constitution of India. Counsel for the Petitioner: MR.MD.SHARFUDDIN Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.27970 of 2008 Order: Heard the learned counsel for the petitioner and the learned counsel for the respondents. The petitioner claims to have purchased an extent of Acs.3.40 cents situated in Survey No.303 of Palkur Village, Banaganapalli Mandal, Kurnool District from one K.Chinnarama Subba Reddy under a registered sale deed, dated 20.06.2003. It is the case of the petitioner that the said K.Chinnarama Subba Reddy was previously granted quarry lease for lime stone slabs (black) over an extent of 1.000 Hectares in the same survey number, for a period of ten years vide proceedings, dated 01.06.2001, of the third respondent, and subsequently, a quarry lease was executed by the fourth respondent on 20.10.2001 to be in force upto 19.10.2001, and for more than 2 ½ years, the said K.Chinnarama Subba Reddy undertook quarrying operations by paying royalty and other necessary fees to the Government. It is the further case of the petitioner that due to financial problems and ill-health, the said K.Chinnarama Subba Reddy was unable to undertake the quarrying operations and requested him to undertake the quarrying operations for the unexpired lease period. The petitioner states that he expressed his willingness for transfer of quarry lease in his favour for the unexpired period. Thereafter, the third respondent having satisfied that there is no speculation involved in the transfer of the quarry lease, transferred the quarry lease for lime stone slabs (black) held by Sri K.Chinnarama Subba Reddy over an extent of 1.000 Hectares in Survey No.303 of Palkur village, Banaganapalli Mandal, Kurnool District in favour of the petitioner for the unexpired lease period upto 19.10.2011, vide his proceedings, dated 08.03.2004. Accordingly, a lease agreement was entered into between the petitioner and the fourth respondent on 12.03.2004 for carrying out quarrying operations. Since then, the petitioner has been carrying out quarrying operations in the land in question by paying the Dead Rent and seigniorage fee and other necessary fees to the Government. While so, it is the grievance of the petitioner that though the quarry lease period is subsisting, respondent Nos.2 to 4 for the reasons best known to them, without issuing any notice, directed him to stop the quarrying operations in the land in question and are trying to terminate the lease, without there being any justifiable reason. Hence, the present writ petition. The sixth respondent got himself impleaded by filing W.P.M.P.No.5259 of 2009. He states that the land to an extent of Acs.17.50 in Survey No.303 and Acs.37.83 cents in Survey No.660 is Wakf property as per the notification published in the A.P. State Gazette, dated 02.05.1963. He also states that about 11 persons, including the petitioner, have encroached the said land and unauthorisedly enjoying the same and therefore, the Chief Executive Officer of the Wakf Board by order, dated 08.02.2007, ordered for removal of the encroachments and to deliver possession of the lands. In the process, the petitioner was also given a notice on 26.04.2007, for which, explanation was submitted by the petitioner on 28.08.2007 agreeing to surrender the land and requesting the Wakf Board to lease the same to him thereafter. Accordingly, the Wakf Board has taken possession of the land from the petitioner. The sixth respondent further states that the third respondent issued a show-cause notice, dated 29.04.2008, to the petitioner proposing to cancel the lease in view of the fact that the Tahsildar, Banaganapalli has withdrawn the No Objection Certificate on the ground that the land belongs to Wakf Board. But, in spite of receipt of the same, as the petitioner did not submit any explanation, the third respondent vide proceedings, dated 26.07.2008, determined the mining lease of the petitioner. The sixth respondent also states that on a representation being made by him on 01.10.2007 and another representation on 29.08.2008, the Wakf Board leased out the said land vide proceedings, dated 08.09.2008. Thereafter, on an application submitted by him, the fourth respondent granted quarry lease in favour of the sixth respondent vide proceedings, dated 20.11.2008, which is valid upto 20.11.2011. The fourth respondent, namely, the Assistant Director of Mines & Geology, Banaganapalle, Kurnool District filed a counter affidavit stating that the quarry lease granted in favour of the petitioner was cancelled by the Deputy Director of Mines & Geology, vide proceedings, dated 26.07.2008, in view of withdrawal of No Objection Certificate by the Tahsildar, Banaganapalle on the ground that the land belongs to Wakf Board. From the above narrated facts, it is clear that the quarry lease granted in favour of the petitioner in respect of the land to an extent of 1.000 Hectare in Survey No.303 of Palkur Village, Banaganapalle Mandal, Kurnool District was cancelled by the Deputy Director of Mines & Geology vide proceedings, dated 26.07.2008, after issuing show cause notice. Hence, the relief as prayed for by the petitioner in this writ petition cannot be granted. The writ petition is therefore dismissed. However, the petitioner is at liberty to question the cancellation order in appropriate proceedings. No costs. ___________________ N.V. RAMANA, J. Date: 21.07.2009 VGB