IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE FIFTH DAY OF AUGUST, TWO THOUSAND TEN WRIT PETITION No.14472 of 2006 Between: M/s.Kodanda Rama Minerals, Proddatur, Reptd., by its Managing Partner-Sri K.Chinna Venkata Subbaiah. … Petitioner And The Government of A.P., reptd., by its Secretary, Industries & Commerce (M.III) Department, Secretariat, Hyderabad and others. … Respondents Counsel for the petitioner: Sri V.Ravinder Rao. Counsel for the respondents: AGP for Mines & Geology for R.1 to R.3. Smt.N.Shhoba for R.4. This Court made the following: ORDER:- This Writ Petition is filed for a Certiorari to quash G.O.Ms.No.73, Industries & Commerce (M.III) Department, dated 13-3-2007, issued by respondent No.1. I have heard Sri V.Ravinder Rao, learned counsel for the petitioner, and the learned Assistant Government Pleader for Mine and Geology representing respondents 1 to 3. The petitioner has challenged the above mentioned G.O., by which respondent No.1 has granted mining lease in favour of respondent No.4. At the hearing, it is submitted by the learned Assistant Government Pleader for Mines and Geology and not disputed by the learned counsel for the petitioner that under Rule 54 of the Mineral Concession Rules, 1960, a revision lies to the Central Government against the impugned order; and that, therefore, the Writ Petition filed bypassing the said remedy, which is efficacious, need not be adjudicated on merits. In view of availability of effective alternative remedy, I am of the opinion, that it is appropriate if the petitioner avails the said remedy before invoking the jurisdiction of this Court under Article 226 of the Constitution of India. The learned counsel for the petitioner, however, stated that as the limitation for filing the revision has expired, the petitioner may be permitted to file the same within a specified period. This request of the learned counsel is not opposed by the learned Assistant Government Pleader. As the petitioner has been bona fide pursuing the litigation by filing the present Writ Petition, interests of justice would be met if it is permitted to file the revision petition within a period of two months from today. If the revision petition is filed within the above stipulated time, the revisional authority shall entertain and adjudicate the same on merits without raising an objection on the aspect of limitation. Subject to the above observations, the Writ Petition is disposed of. ---------------------------------------- - C.V.NAGARJUNA REDDY,J Date:05-8-2010 MNR