In this writ petition, the petitioners challenge the orders dt.1.5.2010 of the 3rd respondent-District Collector, Kurnool District cancelling the Family Member Certificate granted in favour of petitioners by 4th respondent and consequential order dt.10.5.2010 passed by 2nd respondent revoking the proceedings No.7574/M4/99 dt.17-07-2002 declaring 1st petitioner as successor lessee of her late husband D. Siva Sankar Reddy.

2. Heard Sri K. Rathanga Pani Reddy, learned counsel for the petitioners, learned Government Pleader for Mines and Geology, and Smt. N. Shoba, learned counsel for the respondents 5 and 6.

3. The husband of 1st petitioner , D.Siva Shankar Reddy had been granted three mining leases in Lime Stone Dolomite, White Shale and Dolomite for 20 years on 02-12-1999, 18-06-1997 and 24-12-1997 respectively in Malkapuram (v) and Valasala (v) in Dhone Mandal of Kurnool District. He died on 11.2.2002 after suffering to heart attack. On 25.4.2002, 4th respondent issued a family member certificate in which he mentioned petitioners as family members of the deceased D.Siva Sankar Reddy. Basing on this family member certificate, vide Proceedings No.7574/M4/99 dt.17-07-2002, 2nd respondent recognized 1st petitioner as successor lessee to late Siva Sankar Redy in respect of above three mining leases and permitted her to continue the mining operations for unexpired portions of respective lease periods.

4. Two mining leases one for Lime Stone Dolomite mining and another for White Shale and Dolomite had been granted in favour of 1st petitioner’s father-in-law D.Chinna Subba Reddy on 29-07-1994 and 18-06-1997 for 20 years.On 30.4.2002, D.Chinna Subba Reddy died leaving his widow D.Thirupallamma, a son Surendra Reddy, a daughter P.Bhavani, a brother D.Basi Reddy, and a sister-in-law D.Seethamma apart from the 1st petitioner as legal heirs. On 29.5.2002, 4th respondent issued family member certificate mentioning that D.Thirupalamma, D.Surendra Reddy, D.Bhavani, 1st petitioner, D.Basi Reddy and D.Seethamma are the family members of the deceased Chinna Subba Reddy. Thus, 1st petitioner was also shown as the family member of late D.Chinna Subba Reddy. Basing on this, Proceedings No.2269/M4/94 dt.20-11-2003 were issued by 2nd respondent recognizing D.Thrupalamma as successor lessee to late D. Subba Reddy.

5. D. Tirupallamma, mother-in-law of 1st petitioner submitted representation to the then Chief Minister, Government of Andhra Pradesh on 24.7.2007 complaining that 1st petitioner was issued family member certificate on the death of her son late D.Siva Sankar Reddy; that she was also shown as a family member in the certificate issued by 4th respondent after death of D.Chinna Subba Reddy apart from others; that 1st petitioner is contending that the assets of her late husband D.Siva Shankar Reddy exclusively belong to petitioners only; he was the eldest son and so all assets, mining leases and factories were in his name although they were joint properties; because of the legal heir certificate dt.25-04-2002 issued in her name by the Mandal Revenue Officer, Dhone, she is not settling the shares of the remaining family members; that 1st petitioner is pressurizing her to give her a share of assets which are in the name of D.China Subba Reddy also; that 1st petitioner has refused to accept the decision of the village elders and a family settlement deed dt.15-06-2004 that assets which are in the name of D. Siva Shankar Reddy and D.Subba Reddy got mingled and that shares have to be allotted among all the family members; and therefore the family member certificates dt.25.4.2002 and 29.5.2002 be both cancelled.

6. While the matter was being enquired into, D.Thirupallamma died on 21.11.2009. The petitioners brought this fact to the notice of 3rd respondent and asked for the case to be closed. But the matter was adjourned to 1.5.2010 and the 3rd respondent passed an order on that day cancelling the family member certificates dt.29.5.2002 and 25.4.