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1979 Supreme(AP) 313

P.A.CHOUDHARY
Kaliki Subbarami Reddy – Appellant
Versus
Government of India, represented by its Dy. Secretary, Ministry of Steel and Mines (Department of Mines) New Delhi – Respondent


P. A. CHOUDHARY, J.

( 1 ) THIS matter arises under the Mines and Minerals (Regulation" and Development) Act, 1957. The petitioner made an application to the government of Andhra Pradesh on 22-7-1975 under the aforesaid Act seeking grant of a mining lease for mica over an extent of Ac. 20-05 cents in Kalichedu village, Rapur Taluk Nellore District. This application of the petitioner was made under the Mineral Concession Rules, 1960 made under the aforesaid Act. Rule 24 Clause (1) of the aforesaid Rules requires the State Government to "dispose of the application within twelve months from the date of its receipt". Where the State Government rejects an application for grant of a lease. Rule 54 of the aforesaid Rules provides for a revision to the Central Government within three months from the date of the communication of the order refusing to grant the lease. The statute added an explanation to Rule 54. This explanation deals with a situation where the State Government keeps the application for the grant of a mining lease without disposing it of either granting or refusing to grant the lease within the aforesaid period of twelve months. The aforesaid explanation treating such an inact





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