( 1 ) THE petitioner herein invokes the extraordinary jurisdiction of this Court under Art. 226 of the Constitution of India challenging the legality and correctness of the order dated 12-9-2000 passed by the first respondent Union of India, Department of Mines represented by its Secretary.

( 2 ) THE first respondent (hereinafter referred to as "union of India") allowed the revision petition filed by the 4th respondent herein under Section 30 of the Mines and Minerals (Development and Regulation) act, 1957 (for short the Act ) and Rule 55 of the Mineral Concession Rules, 1960 (for short the Rules ) and accordingly set aside the order passed by the second respondent (hereinafter referred to as "state Government") dated 29-7-1999 rejecting the renewal of mining lease application of the petitioner on the ground that the consent of the land owner was lacking at the time of renewal of mining lease. The impugned order passed by the Union of India is assaile on various grounds.

( 3 ) THAT in order to consider the question as to whether the impugned order suffers from any error apparent on the face of the record requiring interference in exercise of our certiorari jurisdiction, a few relevant facts leading to filing of this writ petition may have to be noticed :

( 4 ) THE petitioner herein claims to be the true and absolute owner of an extent of Ac. 46-48 cents of dry land covered by Survey nos. 68/3, 68/5, 68/6 and 6/3 of Kandali village, Gudur Mandal, Nellore District. One m. R. Reddy, resident of Gudur approached the petitioner for his consent in order to enable him to obtain mining lease for Mica in favour of his wife Smt. Kowsalyamma. The petitioner has given his consent for Mica mining for a period of 20 years. The Government of Andhra Pradesh vide G. O. Ms. No. 986, Industries and Commerce (M-II) department, dated 23-9-1974 granted lease in favour of said Smt. Kowsalyamma in an extent of Ac. 95-38 cents, which includes the land admeasuring Ac. 50-00 belonging to the government for a period of 20 years and the lease deed was executed on 6-11 -1974 which was valid up to 5-11-1994. During the subsistence of the said lease deed, the said Smt. Kowsalyamma has obtained another lease for Kyanite, Feslper, Vermiculite and quartz minerals under a separate lease deed executed on 9-2-1981 conterminus with the earlier lease deed dated 6-11-1974. Thereafter, the said Smt. Kowsalyamma has applied for consent of the Government for transfer of the lease granted vide G. O. Ms. No. 986, dated 23-9-1974 and lease deed was executed on 6-11-1974 in favour of the 4th respondent herein. The transfer of lease was accordingly executed on 31/12/1983 in favour of the 4th respondent herein.

( 5 ) THEREAFTER, the 4th respondent filed an application on 29th Oct. 1993 for renewal of mining lease granted in G. O. Ms. No. 986, dated 23-9-1974. The Deputy Director of mines and Geology has recommended for rejection of the said application on the ground that the 4th respondent was not working the mine and not paying the dues to the Department and on some other grounds. It is not necessary to notice the further details in this regard.

( 6 ) THE petitioner herein filed an objection petition before the State Government requesting and not to grant renewal in favour of the 4th respondent herein as requested by it. The State Government issued show cause notice dated 22-6-1998 to the 4th respondent herein duly informing it that the petitioner who is admittedly the owner of Ac. 46-76 cents of the land has not given his consent and the remaining extent of. Ac. 50-00 belonging to the Government is the cattle breeding land and accordingly required the 4th respondent to explain as to why his application for renewal should not be rejected.

( 7 ) THE 4th respondent has given its explanation inter alia stating that the mine was not kept idle and that during the year 1995-96, 6420 metric tons and during 1996-97, 1700 metric tons of minerals were dispatched. That the land admeasu

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