SHAK NUSRATH BANU Vs. STATE OF A P

JUDGEMENT

(1.) A chequered litigative history precedes these three cases making it necessary to recount in some detail their factual substratum.

(2.) The Perecherla Quarry Workers Labour Contract Co-operative Society Limited, Perecherla Village, Medikondur Mandal, Guntur District (for brevity, 'the Society'), was granted the first renewal of its lease for quarrying Road Metal (RM) over an extent of 8 acres in Survey No.l55/A1, Plot Nos.15 and 16 of Chinapalakalur Village, Guntur Rural Mandal, Guntur District, for a period of ten years under the proceedings of the Deputy Director, Mines and Geology, Guntur, bearing No.2310/Q1/ 97 dated 16.11.1997. This renewal, under the lease deed executed vide office proceedings No.l741/Q/97 dated 28.03.1998, was from 13.07.1997 upto 12.07.2007. Road Metal is a minor mineral specified under Item-3 of Schedule-I to Rule 10 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for brevity, 'the Rules of 1966'). As per Rule 13(2) of the Rules of 1966, the Society being the lessee had to file its application for the second renewal of the lease before 90 days prior to the expiry of the lease period, i.e., before 13.04.2007. However, the Society failed to make an application within the stipulated time. This was in spite of the Mining authorities informing the Divisional Co-operative Officer, Guntur, under letter dated 23.03.2007 to take necessary steps for filing of the quarry lease renewal application.

(3.) It was only after the expiry of the stipulated period that the Society filed an application through its President, Shaik Abdullah, for grant of the quarry lease. This application was made on 04.06.2007, i.e., the 38th day before the expiry of the lease period. However, by a notarized affidavit dated 23.06.2007, Shaik Abdullah, the President of the Society, withdrew the said application dated 04.06.2007. Relevant to note, three separate applications were received by the Mining authorities during the month of April, 2007 for grant of a quarry lease over an extent of 10 acres, including the subject 8 acres which was under lease with the Society. These applications were made by (i) Shaik Nusrath Banu (the wife of Shaik Abdul Gani, the Secretary of the Society); (ii) Anjuman-E-Islamia, Perecherla, an organization represented by its President, Shaik Abdul Gani, the Secretary of the Society and (iii) M/s.Alkabir Stone Crusher, Perecherla, represented by its Proprietor, Fatima Atiyyatul Kabir (the wife of Ganje Shahed, who is no other than the elder brother of Shaik Abdul Gani, the Secretary of the Society). Shaik Nusrath Bhanu, Shaik Ganje Shahed and Fatima Atiyyatul Kabir, who had earlier been the members of the Society in their own right stated that they had resigned from the Society and therefore, could maintain their independent applications.