M.S.LIBERHAN, AVINASH SOMAKANT BHATE
KANIGIRI VADDERA STONE QUARRYING LABOUR-CONTRACT CO-OP. SOCIETY, KANIGIRI – Appellant
Versus
State Of A. P. – Respondent
( 1 ) THE appellant impugned the quarry lease renewed in favour of the 5th respondent-Society by the competent authority for a period of five years under the A. P. Minor Mineral Concession Rules.
( 2 ) THE learned single Judge, while determining the question raised in the writ petition to the effect whether the State is within its right to condone the delay in filing the renewal application, dismissed the writ petition inter alia holding that the Government is empowered to condone the delay of eight days. The question relating to the condonation of delay of eight days is raised in the following factual matrix.
( 3 ) THE 5th respondent-Society was granted lease for 2 acres in s. No. 1010/1 vide order dated 27-3-1988. Another lease in respect of S. No. 1009 for 1. 25 acres was also granted on the same day in favour of the fifth respondent-Society. Under the rules, the lessee is statutorily entitled for renewal of lease for five years twice. The first renewal of the lease for five years was granted on 25-5-1993. As regards the second renewal, the 5th respondent claims that it has approached the Assistant Director of Mines for renewal on 25-5-1998 itself with requ
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