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1962 Supreme(SC) 128

T. L. VENKATARAMA AYYAR, N. RAJAGOPALA AYYANGAR, P. B. GAJENDRAGADKAR, K. N. WANCHOO, B. P. SINHA
State of A. P. – Appellant
Versus
Duvvuru Balarami Reddy – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, D.NARASARAJU, D.PARSANNA KUMARI, K.R.CHAUDHARY, P.D.MENON, P.RAM REDDY, T.V.R.TATACHARI

Judgment

WANCHOO, J.: These are two connected appeals arising out of the same judgment of the Andhra Pradesh High Court The main appeal No. 252 is by the State of Andhra Pradesh while the other appeal No. 253 is by Duvvuru Balarami Reddy and others. We shall dispose of them by this common judgment and will hereinafter refer to the State of Andhra Pradesh as the appellant and Duvvuru Balarami Reddy and others as the respondents. The brief facts necessary for present purposes are these. The respondents had files a writ petition for the issue of a writ in the nature of mandamus or any other appropriate writ directing the appellant to give permission to the respondents to carry on mica mining operations in survey No. 49/1 in the village of Ananthamadugu in Rapur Taluk of Nellore district subject to the respondents executing an agreement in the manner provided under the Mineral Concession Rules, 1949 (hereinafter referred to as the Rules) and conforming to the conditions mentioned therein. The case of the respondents was that they had obtained leases for mica mining purposes from various co-owners in the shrotriem village of Ananthamadugu on March 24,1953. Thereafter on May 27, 1953, thi















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