- (1.) THIS writ petition is filed seeking a declaration that the action of the 1st respondent in issuing Memo No. 12364/m. II (1)/2007-1, Industries and Commerce (Mines-I) Department, dated 14. 05. 2008 as well as the consequential order passed by the 3rd respondent dated 21. 05. 2008 granting quarry lease for road metal in favour of the 5th respondent for a period of ten years with effect from 13. 07. 2007 as arbitrary, illegal and contrary to the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 and the Rules made thereunder.
(2.) ADMITTEDLY, the 5th respondent herein, which is a Labour Contract Co-operative society registered under the A. P. Co-operative Societies Act, 1964 was holding the said quarry lease over an extent of 8 acres in Sy. No. 155/a1 of chinapalakalur Villadge, Guntur District, for the period from 1997 to 2007 which was valid upto 12. 07. 2007. Since the 5th respondent society did not make any application for renewal within the time prescribed and a resolution was also passed by the general body of the society on 10. 09. 2006 not to apply for renewal, the writ petitioner submitted her application dated 16. 04. 2007 for grant of the said lease. Pursuant thereto, the 4th respondent/assistant Director of Mines and Geology, after inspection, survey and demarcation of the applied area, recommended grant of mining lease in favour of the petitioner. At that stage, the 5th respondent society made an application dated 26. 6. 2007 for renewal of its quarry lease. Apprehending that the respondents 3 and 4 may grant the lease in favour of the 5th respondent society without considering the petitioner's application dated 16. 04. 2007, the petitioner filed W. P. No. 15173 of 2007 seeking a declaration that the action of the official respondents in not considering the petitioner's application dated 16. 04. 2007 was arbitrary and illegal. The said writ petition was disposed of by this Court by order dated 28. 03. 2008 with a direction to the Government of Andhra Pradesh to consider the applications of the petitioner dated 16. 04. 2007 as well as the 5th respondent dated 26. 06. 2007, taking into consideration the objections filed by the petitioner dated 9. 08. 2007 and pass appropriate orders in accordance with law within a period of four weeks.
(3.) THEREAFTER, the 1st respondent issued the impugned memo dated 14. 05. 2008 according permission to the 3rd respondent - Deputy Director of Mines and geology, Guntur, for grant of quarry lease in favour of the 5th respondent society by condoning the delay in filing renewal application dated 26. 06. 2007. Pursuant thereto, the 3rd respondent granted mining lease in favour of the 5th respondent society for a period of 10 years vide proceedings dated 21. 05. 2008 followed by work order dated 22. 05. 2008. Hence, the present writ petition seeking a mandamus declaring the 1st respondent's Memo 14. 05. 2008 as well as the subsequent proceedings of the respondents 3 and 4 dated 21. 05. 2008 and 22. 05. 2008, as arbitrary and illegal.;