A KOTAIAH NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution for the issue of a writ of mandamus or any other appropriate writ, order or direction to the State of Andhra Pradesh, directing them to forbear from giving effect to G. O. Ms. No. 1617, Industries, dated 17/12/1957, and published in the Andhra Pradesh Gazette dated 2/01/1958. The impugned notification bears the title, "Reservation of certain areas of Krishna District in Jaggayyapet Taluk, for public sector". and reads as follows : -- "In pursuance of the Industrial Policy Resolution of the Government of India, dated 30th, April, 1956, and with the prior approval of the Government of India, the Governor of Andhra Pradesh, hereby declares that the areas, the details of which are given in annexure I and II to this notification, are with immediate effect reserved for exclusive exploitation of the Stale Government." Annexure I deals with the lands situated in the villages of Gandrayi, Takkellapadu and Ramachandrunipet.

(2.) The sum and substance of the petitioners ease is that in April, 1952, he applied to the State Government of the grant of prospecting licences for iron ore in respect of an extent of about 1000 acres in the reserved forest area of Gandrayi, Takkellapadu and Ramachandrunipet villages of Jaggayipet Taluk, Krishna District, and without disposing of his application, the State Government had issued the impugned notification and thus deprived him of his chances of getting prospecting licences in those areas.

(3.) The circumstances leading up to the issue of the above notification by the State Government may now be stated. With a view to give effect to the revised Industrial Policy Resolution of the Government of India of the 30/04/1956, the State Government examined the question of reservation of areas for public sector and came to the conclusion after investigation, that gypsum and iron ore might be taken up at present, and thereafter communicated their intention to the Government of India and sought their approval. The Government of India gave their approval in their letter No. M/II-159 (7) 756 dated 19/09/1957 to the proposal of the State Government regarding reservation of iron ore-bearing areas in the State for exploitation by the State. The State Government thereupon issued the impugned G. O.