( 1 ) SAMATHA, a Rural Developmentsociety of Peda Mallapuram Sankhavaram mandal, E. G. district filed writ petitions seeking a writ of mandamus directing respondents 1 to 4 to terminate the mining leases in existence in the Borram gram Panchayat Area of Ananthagiri Mandal, Visakhapatnam district and to prosecute the persons responsible for violation, of Section 2 of Forest (Conservation) Act, 1980 and Section 3 of Andhra Pradesh Scheduled Areas land Transfer Regulation, 1959.

( 2 ) THE petitioner-society was formed for implementation of various welfare schemes of the Government, creating awareness among the tribal people regarding their rights and duties etc.

( 3 ) THE village Borra is a village lying in Ananthagiri hills of Visakhapatnam in the north-west corner of S. Kota. The area is particularly characterised by occurrence of mica and crystallying limestone (calcite ). the mining activity in the area was started. in the year 1946 and currently there are five organisations operating in an area of 1250 acres and the same is notified as reserve forest in borra Block vide G. O. Ms. 2997, dated 31-10-1988 notifying an area of 1072 hectares. The Andhra Pradesh Scheduled Areas Land Transfer Regulation of 1959 covering the agency are a was brought into effect on 4-3-1959 covering visakhapatnam and East Godavari Districts. Thereafter Regulation I of 1959 was brought in, prohibiting the transfer of the land by tribals to non-tribals. It is stated that respondents 1 to 4 have granted mining leases in favour of lessee-respondents by violating the provisionsof Forest (Conservation) Act, 1980,and, therefore, they have no right to carry on the operations in the agency area.

( 4 ) RESPONDENT No. 2 filed counter admitting the grant of lease to respondents 6 to 10. It is sated that the leases were granted prior to the notification issued in G. O. Ms. No. 2997, dated 21-10-1988; that the provisions of Forest (Conservation) Act and the provisions of Regulation I of 1959 are not violated in granting the leases or in renewal of the leases from time to time to the lessee-respondents and that there is neither illegal nor illicit mining operations going on in the area and that after promulgation of the notification issued by the Government under para 5 (1) of the V Schedule of of the constitution, amending Section II (5) of the Mines and Minerals (Regulation and Development) Act, the Government has not granted any mining lease in favour of the non-tribals.

( 5 ) RESPONDENT No. 4 filed counter stating that the Borra forest block was notified as reserve forest under Section 4 of Andhra Pradesh (Andhra Area) forest Act, 1982 and that some of the respondents have encroached into the reserve forest area and to that extent their operations are illegal and in violation of the Forest (Conservation) Act.

( 6 ) RESPONDENT No. 13 filed counter-affidavit contending that the writ petition is not maintainable as there is no tribal in the society registered by the petitioner; that granting of leases is not in violation of the Scheduled Area Land transfer Regulation 1 of 1959 or the provisions of the Forest (Conservation) Act and that the area where they are carrying mining operations is not at all a reserve forest area. The leases were granted in favour of leasees-respondents much earlier to the promulgation of the Forest (Conservation) Act of 1980 and so they cannot be declared as void or illegal. It is further stated that the mines and minerals are enumerated under Entry 54 of List I of Schedule VII of the constitution and as per the provisions of the Mines and Minerals Regulation, the entire mining operations are vested in the Central Government. Therefore, the State Governrnent has no power to deal with any regulation concerned with the mining activities. Hence the Governor of the State has no power to issueany notification or regulation prohibiting the grant of mining lease even in the secheduled areas. Further, there is no provision in Re