K DASARADHARAMI REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India for the issue of a writ of mandamus directing the State Government not to give effect to the G. O. Ms. No. 1042 dated 23-9-1966 recognising the transfer of the mining lease and to direct the transfer of the lease in favour of the petitioner.

(2.) The facts relevant for the disposal of this petition may be stated briefly. The 4th respondent in this petition, Sri T. Chenchaiah Naidu, was granted a mining lease for excavating mica in an extent of about 83-69 acres in S. No. 227 etc., of Turimula Village Rapur Taluk Nellore District for a period of 20 years by the State Government by an order dated 12-1-1962. On 16-4-1963, Chenchaiah Naidu entered into an agreement with the petitioner for sub-leasing the lease for a period of 5 years on an annual rent of Rs. 5,000.00. It is alleged in the present petition that the 4th respondent, Chenchaiah Naidu, was trying to resile from his agreement with the petitioner and took some more money from one Sri Venu Gopal Raju and transferred his lease in favour of the said Venugopala Raju. On 24-7-1965 the 4th respondent Chenchiah Naidu filed a petition before the State Government to permit him to transfer the mining lease in favour of Venugopala Raju. It is alleged in the petition before the State Government making allegations against Venugopala Raju and adducing reasons why the transfer in his favour should not be recognised. That petition would appear to have been under enquiry by the State Government to his application for transfer dated 24-7-1965, the 4th respondent Chenchaiah Naidu, filed a revision under Rule 54 of the Mineral Concession Rules, 1960. The Central Government called for comments from the State Government and by an order dated 13-9-1966 directed the State Government to consider the petition filed by the 4th respondent for the transfer of the lease and passed final others thereon at an early date. In conformity with the directions of the Central Government, the State Government considered the application of the 4th respondent for the transfer of the mining lease and granted in and by G. O. Ms. No. 1042 dated 23-9-1966 permission to the 4th respondent to transfer of the lease in favour of Venugopala Raju for the unexpired portion of the lease period subject to the condition, that the transfer deed within a period of 90 days from the date of the issue of the order dated 23-9-1966.

(3.) In this writ petition the legality of the order of the Central Government remitting the case for disposal at an early date and the order of the Government of Andhra Pradesh granting permission of the transfer are challenged as being illegal and inoperative.