KARUNAMAI GRANITES Vs. GOVT OF A P

JUDGEMENT

(1.) AT the interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned counsel for the parties.

(2.) THE facts in brief leading to filing of this Writ Petition are that one M/s. Blaze Granites (for short "the original grantee") was granted two mining leases one in respect of 0.496 hectares in Sy.No.225/120 on 25.10.1989 for a period of five years. A lease deed was executed on 22.01.1990 and the same was renewed for a further period of 15 years on 08.09.1995 with effect from 22.01.1995. It has come out at the hearing that the said lease was renewed on 12.05.2010 up to 21.01.2030. THE original grantee was also granted a quarry lease for black granite in Sy.Nos.264/1 and 225/120 over an extent of Ac.1.25 cents (0.50 hectares) in Errabelligudem Village, Nellikudur Mandal, Warangal District vide proceedings dated 15.06.1998 of respondent No.2 for a period of 15 years. THE land in Sy.No.264/1 is classified as patta land, which was purchased by the original grantee. THE two leases were transferred in favour of respondent No.4 and presently the said respondent is operating the mines. While so, the petitioner applied for grant of mining lease in respect of 2 hectares in Sy.No.225/1 on 26.02.2007. Respondent No.3 filed three applications on 02.03.2007, 28.04.2007 and 24.05.2007 for mining lease for one hectare each in Sy.Nos.225/120 and 264/1, 225/120 and 225/121 to 225/126 respectively. When the petitioner's application was not disposed of, it has filed Writ Petition No.27931 of 2007, which was disposed of by this Court on 01.04.2008 directing that a joint inspection and survey be conducted and the land in Sy.Nos.225/120 and 264/1 of the Village be surveyed. Complaining of the inaction, the petitioner filed Writ Petition No.23117 of 2008 in this Court, wherein he has sought for a Mandamus to declare the inaction of the respondents therein in disposing of the application dated 26.02.2007 in respect of 3 hectares of land in Sy.No.225/1. In the prayer portion of the said Writ Petition, the petitioner has mentioned that the survey number was later corrected as Sy.No.225/120 vide affidavit dated 27.04.2007. This Court without going into the merits of the case disposed of the said Writ Petition on 23.10.2008 and directed the respondents therein to take necessary steps on the application of the petitioner within a period of two months from the date of receipt of the order. Subsequently, respondent No.4 appeared to have approached respondent No.1 with a purported revision with a request for revising the sketch enclosed to the lease granted in favour of the original lessee. Purporting to consider report dated 06.08.2008 of respondent No.3 and report dated 31.10.2008 of respondent No.2, respondent No.1 has allowed the revision petition and accorded permission to make change in the sketch appended to the lease deed as per the demarcation made on the ground in Sy.Nos.225/120 and 264/1. Feeling aggrieved by this order, the present Writ Petition is filed.

(3.) THE learned Government Pleader for Mines and Geology has supported the submissions of the learned Senior counsel for respondent No.4.