MUSLIM MINORITY STONE QUARRY WORKERS LABOUR CONTRACT CO OPERATIVE SOCIETY LTD KANIGIRI MANDAL,PRAKASAM DISTRICT Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) M/S. Venkateshwara Stone Crushers, the 5th respondent herein, was granted mining lease over Acs. 4.00 of land in survey No. 1009 of Devanganagar Village, Kanigiri Mandal, Prakasam District, to quarry road metal, in the year 1981, for different spells. The lease was to expire on 24.06.2011. As required under Rule 13 of the A.P. Minor Mineral Concession Rules, 1966 (for short 'the Rules'), the 5th respondent submitted an application for renewal, on 14.03.2011. The petitioner submitted an application for grant of mining lease over that very land on 25.06.2011. The grievance of the petitioner is that the Deputy Director of Mines and Geology, Guntur, the 3rd respondent, has not passed any order so far, and that in the meanwhile, the 5th respondent is carrying on the mining operations. Across the Bar, it is stated that the application submitted by the 5th respondent for renewal was rejected by the 3rd respondent on 02.07.2012. Placing reliance upon a judgment of the Supreme Court in The Labour Contract Cooperative Society, Palikur v. Director of Mines And Geology, 1993 AIR(SC) 147 the petitioner contends that its application ought to have been considered by the 3rd respondent.

(2.) The Assistant Director of Mines and Geology, the 4th respondent, filed a counter-affidavit, narrating the relevant facts. He furnished the particulars of grant of lease in favour of the 5th respondent and the renewals from time to time. It is stated that the 5th respondent submitted application for grant of renewal and that the same was pending by the time the counter-affidavit is filed.

(3.) Heard Sri S.A. Razack, learned counsel for the petitioner, learned Government Pleader for Mines and Geology and Sri K. Naveen Kumar, learned counsel for the 5th respondent.