IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8119 of 2008 Between: M/s. Balaji Electro Smelters Limited, Rep. by its Director K. Sudesh Kumar, S/o. Narayana R/o. Yavatmal, Maharashtra. ..... PETITIONER AND 1 The Government of India, rep. by its, Secretary, Ministry of Mines, Shastri Bavan, New Delhi 110001. 2 The Government of Andhra Pradesh, rep. by its, Secretary, Industries and Commissioner, Secretariat, Hyderabad. 3 The Director, Mines and Geology, 8th Floor, BRKR Buildings, Tank Bund Road, Hyderabad. 4 The Assistant Director of Mines and Geology, H.No.6-58/1, Janakaprasada Nilayam, Near Fire Station, Mancherial, Adilabad 504208. 5 M/s Linga Enterprises, rep. by is Managing Partner, Sri Aleti Linga Reddy, # 46C, MLA Colony, Road No.12, Banjara Hills, Hyderabad-500034. .....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 an order or writ one in the nature of writ of Mandamus declaring the action of the respondents proposing to grant Prospecting Licence for Manganese Ore in favour of 5th respondent in over an extent of Acs.2483.96 in Sy.Nos.1 to 98 Thamsi (K) Village, Thamsi Mandal, Adilabad District and seeking prior approval of Government of India (1st respondent) in Lr. No.12239/M-III(2)/2007-1, dt. 12.09.2007 overlapping the area patta lands of the petitioner in over an extent of Acs.44.19 in Sy.Nos.21, 23, 44, 45 & 58 of Thamsi (K) Village, Tamsi Mandal, Adilabad District and proposing to grant Prospecting Licence to the 5th respondent as arbitrary, illegal, unjust and contrary to Mines and Minerals (Development & Regulation) Act, 1957 and Mineral Concession Rules, 1966 and consequently call for the proceedings in Lr.No.12239/M- III(2)/2007-1, dt. 12.09.2007 set aside the same and pass Counsel for the Petitioner: SMT.N.SHOBA Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) GP FOR MINES AND GEOLOGY The Court made the following : THE HON’BLE MR. JUSTICE GOPALA KRISHNA TAMADA W.P. No. 8119 of 2008 ORDER: The petitioner approached this Court and filed the present writ petition with the following prayer, “For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue an order or writ one in the nature of writ of Mandamus declaring the action of the respondents proposing to grant Prospecting Licence for Manganese Ore in favour of 5th respondent in over an extent of Acs.2483.96 in Sy.Nos.1 to 98 Thamsi (K) Village, Thamsi Mandal, Adilabad District and seeking prior approval of Government of India (1st respondent) in Lr. No.12239/M-III(2)/2007-1, dt. 12.09.2007 overlapping the area patta lands of the petitioner in over an extent of Acs.44.19 in Sy.Nos.21, 23, 44, 45 & 58 of Thamsi (K) Village, Tamsi Mandal, Adilabad District and proposing to grant Prospecting Licence to the 5th respondent as arbitrary, illegal, unjust and contrary to Mines and Minerals (Development & Regulation) Act, 1957 and Mineral Concession Rules, 1966 and consequently call for the proceedings in Lr.No.12239/M-III(2)/2007-1, dt. 12.09.2007 set aside the same and pass such order or orders…..” Heard learned counsel for the petitioner as well as the learned Government Pleader for Mines and Geology. The learned counsel for the petitioner submits that the petitioner has made an application on 21.8.2007 which is pending before the 1st respondent for grant of prospecting licence for Manganese ore over an extent of Ac.44.19 in Sy.Nos.21, 23, 44, 45 & 58 of Thamsi (K) Village, Tamsi Mandal, Adilabad District and while it is pending consideration, the respondents-authorities are proposing to grant licence in favour of 5th respondent and therefore, she submits that those lands may be excluded from consideration while considering the recommendations made by the 2nd respondent. The learned Government Pleader submits that the respondent No.5 requested the authorities for grant of prospecting licence for manganese ore over an extent of Acs.2483.96 in Sy.Nos.1 to 98 Thamsi (K) Village, Thamsi Mandal, Adilabad District and the Government passed an order vide its letter No. 12239/M-III (2)/2007-1, dt. 12.9.2007 and sent it to the 1st respondent for its prior approval. In view of the above circumstances, as the petitioner’s application is pending before the 1st respondent, the 1st respondent may consider the recommendations made by the 2nd respondent vide letter dated 12239/M-III (2)/2007-1, dt. 12.9.2007, but, while considering the same, he may exclude the land to an extent of Ac.44.19 in Sy.Nos.21, 23, 44, 45 & 58 of Thamsi (K) Village, Tamsi Mandal, Adilabad District as the same relates to the application of the petitioner herein. The writ petition is accordingly disposed of. ____________________________ GOPALA KRISHNA TAMADA, J Dt.16.4.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of India, rep. by its, Secretary, Ministry of Mines, Shastri Bavan, New Delhi 110001. 2 The Government of Andhra Pradesh, rep. by its, Secretary, Industries and Commissioner, Secretariat, Hyderabad. 3 The Director, Mines and Geology, 8th Floor, BRKR Buildings, Tank Bund Road, Hyderabad. 4 The Assistant Director of Mines and Geology, H.No.6-58/1, Janakaprasada Nilayam, Near Fire Station, Mancherial, Adilabad 504208. 5.2CCs to G.P. for Mines and Geology, 6. 2CD copies Form-NIC-OGS/WP{MSN}