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2010 Supreme(AP) 953

R.SUBHASH REDDY
Ch. V. Girish – Appellant
Versus
The Government of Andhra Pradesh, represented by its Secretary – Respondent


Advocates appeared:
For the Petitioner:Mrs. N. Shoba, Advocate. For the Respondents:R1, R2 & R5, G.P. for Mines & Geology, R3 & R4, G.P. for Revenue, R6 to R8, K. Ramakoteshwara Rao, Advocate.

JUDGMENT :

In this Writ Petition, the petitioner, while questioning order dated 06-02-2007 passed, in Memo No.13991/M.II (1)/2006-1, by the first respondent-Government, seeks declaration that the aforesaid order is illegal, in violation of principles of natural justice and contrary to the provisions under the Mines and Minerals (Development and Regulation) Act, 1957 and the Rules, namely Andhra Pradesh Minor Mineral Concession Rules, 1966, framed under the aforesaid Act.

The dispute in this Writ Petition relates to grant of quarry lease for colour granite, which is a minor mineral, governed by Andhra Pradesh Minor Mineral Concession Rules, 1966, framed under the Mines and Minerals (Development and Regulation) Act, 1957. By the impugned order, in exercise of powers under first proviso to Rule 12(5) (b) of Andhra Pradesh Minor Mineral Concession Rules, 1966, the first respondent-Government permitted the Director of Mines and Geology to issue necessary orders for grant of quarry lease for colour granite, in Sy.Nos.305, 306 and 307 of Thotakurapalem village, Ravikamatam Mandal, Visakhapatnam District, in favour of respondents 6 to 8 herein, by overlooking prior applications.

The petitio











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