LAWS(APH)-2010-4-13

MANDAPAKA CHANDRA KUMARI Vs. GOVERNMENT OF ANDHRA PRADESH

Decided On April 26, 2010
MANDAPAKA CHANDRA KUMARI Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Both these writ petitions are filed on similar set of facts, and as common questions of law arise for consideration, they are heard together and are being disposed of by this common order. For the purpose of disposal of these writ petitions, I refer to the facts as arise in W.P. No. 28827 of 2008.

(2.) In the writ petition, the petitioner seeks declaration by way of Mandamus, declaring the Memo No. 9375/M.II(1)/2008-l, dated 20th August 2008, issued by the 1st respondent, and the consequential order of the Deputy Director of Mines and Geology, dated 22nd of November 2008, issued in Proceedings No. 4115/QT/2007, rejecting the application of the petitioner, dated 19th September 2007, for grant of quarry lease over an extent of 50 Hectares in Survey No. 287 of Santhabommali village and Mandal of Srikakulam District, as illegal and arbitrary.

(3.) By the order, dated 20th of August 2008, issued in Memo No. 9375/M.II(1)/2008-l, the Government, in exercise of powers under Rule 12(3) of the A.P. Minor Mineral Concession Rules, 1966, has ordered for grant of quarry lease for gravel and road-metal and building stone over an extent of 48.12 acres in Survey No. 287 of Santhabommali village and Mandal of Srikakulam District, in favour of respondent No. 4, by overlooking the priority applications of the petitioner and one other applicant by name Sri I. Venkata Siva Prasad, and by the consequential proceedings, dated 22nd of November 2008, issued in Proceedings No. 4115/QIT/2007, referring to the orders of the Government, dated 20th August 2008, issued in Memo No. 9375/M.II(1)/2008-l, the application of the petitioner for grant of quarry lease, is rejected.