KRISHNA MINERALS Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition raises the question of interpretation of section 11 of the Mines and Minerals (Regulation and Development) Act, 1957 (hereinafter referred to as the Act).

(2.) The facts leading to this writ petition are that the petitioner is the owner of S. No. 18/2 situate in Dwarka Tirumala, Eluru Taluq. The petitioner filed an application on 27th January, 1965 for winning the mineral known as ' white clay.' Prior to that in 1962, the second respondent had made an application under the Act inter alia for the aforesaid S. No. The application of the second respondent was rejected by the 1st respondent, the State Government on 24th July, 1964, as far as the aforesaid S. No. is concerned. Aggrieved by that order, the second respondent filed a revision petition to the Central Government, the third respondent herein on 10th September, 1964. This revision petition of his was allowed on 19th March, 1965, and the third respondent directed the 1st respondent to grant prospecting licence for white clay in R. S.No. 18/2. In pursuance to that direction of the third respondent, the second respondent was granted prospecting licence for a period of two years by the 1st respondent on 6th July, 1965. The petitioner's application was rejected by the 1st respondent on 20th October, 1965, on the ground that the area applied for was not available for the grant. It is cont3nded by the learned Counsel for the petitioner that no reasons were given for the rejection.

(3.) It was not stated in the order that already a prospecting licence for the same area had been granted to the second respondent. The petitioner preferred a revision to the third respondent against the order of the 1st respondent. That revision of his was also dismissed on 21st July, 1966. The petitioner has now filed this writ petition for a writ of certiorari or any other appropriate writ, order or direction to direct the 1st respondent to order the petitioner's application dated 27th January, 1965, for a mining dease.