LAKSHMI MINING INDUSTRIES A PARTNERSHIP FIRM REP, Vs. STATE OF ANDHRA PRADESH, REP, BY ITS SECRETARY IND

JUDGEMENT

(1.) This writ petition is filed seeking a writ of Mandamus directing the respondents to consider and grant mining lease for the areas applied for by the petitioners on 17.1.1991 and 27.11.1991 for the mineral 'slate' in Ananthavaram, Mallampeta and Manginapudi villages of Donakonda Mandal, Prakasam District in preference to any application.

(2.) The petitioners herein are doing business in mining of the mineral called "slate" which is a major mineral specified in Schedule-II to Mineral Concession Rules, 1960 (for short the Rules'). On coming to know that this mineral is available in Ananthavaram, Manginipudi and Mallampeta villages of Prakasam District, both the petitioners applied to the State Government for grant of mining leases according to the Rules. The petitioners are also doing business in cutting and polishing of slates as an industry at Markapur.

(3.) Originally, the 1st petitioner applied for grant of lease in the year 1990 for an extent of Ac.195.00 in Mallampeta and Manginipudi villages in S.Nos.126, 265 and 276 for mining of major mineral known as 'slate' for industrial purpose. The Assistant Director and Deputy Director of Mines and Geology recommended for grant of lease to the 1st petitioner. However, as the revenue clearance could be obtained only to an extent of Ac.54.32 cents, the Government issued G.O.Ms.No.19 dated 5.1.1990 granting mining lease to the 1st petitioner to Ac.54.32 cents. After obtaining revenue clearance for further extent of Ac.35.00, the 1st petitioner submitted application for grant of Mining Lease for mining 'slate; on 17.1.1991 for an extent of Ac.10.00 in S.No.126 in Manginipudi village and Ac.25.00 in S.No.276, 491 and 492 of Mallampeta village. It is also stated that this area is adjacent to the area where the 1st petitioner was already carrying on the mining operations pursuant to the lease granted on 5.1.1990.