K SAMBASIVA RAO Vs. DISTRICT LEVEL COMMITTEE

JUDGEMENT

(1.) This writ petition is filed seeking a writ of Mandamus to declare the order of the 3rd respondent in ROC No. 4163/2002/1 dated 1-2-2003 as arbitrary and illegal and contrary to Section 4-A (2) and (3) of the Mines and Minerals (Development and Regulation) Act, 1957 and the Rules made thereunder.

(2.) The petitioner is the lessee in respect of Jayantipuram/Ravirala Sand Reach. He was the highest bidder in the auction and was granted the lease for a period of two years commencing from 28-7-2001. The first year lease period expired on 28-7-2002. The petitioner states that due to his ill-health he could not pay the second year lease amount in time and that his application for extension of time has been considered by the 1st respondent-District Level Committee, Krishna District and in the meeting held on 25-10-2002 it was resolved to extend the lease period of the petitioner up to 28-7-2003 while condoning the delay in payment of the lease amount for the second year. In pursuance thereof the petitioner paid the lease amount for the second year and the period of lease was extended and to that effect a registered lease deed was executed by the 3rd respondent for the period from 28-7-2002 to 28-7-2003. In pursuance thereof a work order was also issued in favour of the petitioner by the 3rd respondent by proceedings dated 7-1-2003.

(3.) To that extent there is no dispute about the facts. However, the cause of action for the present writ petition has arisen out of the events that took place thereafter which culminated in termination of the lease of the petitioner under the impugned proceedings dated 1-2-2003.