IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 13950 of 2009 Between: K. Shawkath Basha, S/o. K. Giddu Saheb, R/o. 24/67, Nakkalapatti (V&P), Anchoor (Via), Krishnagiri District, Tamilnadu State. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Industries and Commerce (Mines) Department, Secretariat, Hyderabad. 2 The Director of Mines and Geology, Government of Andhra Pradesh, BRKR Bhavan, Tank Bund, Hyderabad. 3 The Assistant Director of Mines & Geology, Palamaneru, Chittoor District. 4 The Revenue Divisional Officer, Madanapalle, Chittoor District. .....RESPONDENT(S) 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 Writ of Mandamus, declaring the action of the 2nd respondent, in issuing Show Cause notice No. 32810/R5-1/2008, dated 19-6-2009 as illegal, arbitrary and violative of Art. 14, 19 adn 21 of the Constitution of India. Counsel for the Petitioner:MR.M.VIJAY KUMAR Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : O R D E R:- Assailing the Show Cause Notice dated 19.06.2009 issued by the Joint Director of Mines and Geology, calling upon the petitioner to show cause as to why action shall not be taken for cancellation of the quarry lease on certain grounds, within a period within a period of 15 days from the date of the notice, as arbitrary and illegal and contrary to law, the petitioner filed the present writ petition. The learned counsel for the petitioner has contended that according to Rule 12(5)(h)(xiv) of Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short “the Rules”), the minimum time that has to be prescribed in the Notice for showing cause as to why action shall not be taken for cancellation of the quarry lease, shall be two calendar months, and the authority competent to issue licence or lease in public interest, is the Director of Mines and Geology, but in clear violation of the said provision, the impugned Show Cause Notice is issued, and therefore, the same is liable to be quashed. Heard the learned counsel for the petitioner, the learned Government Pleader for Mines and Geology appearing for respondent Nos.1 to 3 and the learned Government Pleader for Revenue appearing for respondent No.4. A perusal of Rule 12(5) (h) (xiv) of the Rules, discloses that the Director is the competent authority to determine the licence or lease in public interest after giving two calendar months notice in writing. In the instant case, admittedly, the impugned Show Cause Notice, is issued by the Joint Director of Mines and Geology, giving just 15 days time to show cause as to why action shall not be taken for cancellation of the quarry lease. Thus, it is clear that the impugned show cause notice, has been issued in clear violation of the provisions of Rule 12(5) (h) (xiv) of the Rules. Under the circumstances, the impugned Show Cause Notice is modified by extending the time stipulated therein to two calendar months from the date of receipt of the Notice as per Rule 12(5)(h)(xiv) of the Rules. Insofar as the other objection raised with regard to the issuance of the Show Cause Notice is concerned, the learned counsel for the petitioner states that the Joint Director of Mines and Geology issued the Notice, instead of the Director of Mines and Geology. Hence, the petitioner is at liberty to raise this objection while he submits his explanation to the Show Cause Notice, and if the petitioner submits such explanation/objection, the respondents are directed to consider the same along with other material placed before them and pass appropriate orders in accordance with law. With the above observation, this writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 14th July, 2009 bcj