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1987 Supreme(AP) 73

A.SEETHARAM REDDY, A.RAMANUJULU NAIDU, V.BHASKARA RAO
Barium Chemicals Ltd – Appellant
Versus
Government of India – Respondent


AMARESWARI, J.

( 1 ) AN extent of 110 acres in Survey Nos. 57 and 58 of Pocharam Village, Yellanud Taluk, Khammam District was notified by the Government of Andhra Pradesh on 31-7-1972 as available for granting a mining lease for Barytes.

( 2 ) ON the same day, i. e. 31-7-1972, the 4th respondent M/s. Expo Chemicals, Kothagudem applied for the lease. The petitioner M/s. Berium Chemicals Ltd. , Ramavaram, Khammam District also applied for a mining lease over the same area on 2-8-1972 i. e. , two days later.

( 3 ) THE State Government by its order in G. O. Ms. No. 232, dated 6-4-1973 granted the lease to M/s. Expo Chemicals, the 4th respondent on the sole ground that their application was received earlier than that of the petitioner and as such they have a preferential right under S. 11 (2), Mines and Minerals (Regulation and Development) Act, 1957, hereinafter called the Act.

( 4 ) THE petitioner carried the matter in revision under S. 30 read with R. 54, Minerals Concession Rules, 1960. The Central Government by its order dated 18-11-1975 affirmed the order of the State Government on the same reasons and dismissed the revision petition.

( 5 ) THE validity of these two orders is cha










































































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