Point of law: while passing the impugned orders, the authorities by taking all the relevant facts, passed the present impugned orders, and as per the rules, more specifically as per Rule 35(b) M.C. Rules, 1960, only contiguous area would be allowed to surrender so as to ensure that the area left under and existing lease as well as the area surrendered comprise compact block and accessible. Taking into consideration as per the above said rule, the authorities have passed the impugned order with reasons.

ORDER :

1. As both the Writ Petitions filed by the same petitioner are involving same subject matter, they are being disposed of by this Common Order.

Writ Petition No. 6587 of 2019

2. This Writ petition is filed assailing the impugned proceedings issued by the 2nd respondent through Proceedings No. 12334/R3-2/2011, dated 03.05.2019 without giving effect to the order of the learned single judge in W.P. No. 30256 of 2015, dated 09.04.2018 of this Court and further without re-course to the application dated 05.09.2014 is illegal and arbitrary and sought consequential direction to the 2nd respondent to consider the request made by the petitioner to lease the excess land in its favour by setting aside the impugned order, dated 03.05.2019.

Writ Petition No. 7597 of 2019

3. This Writ Petition is filed to declare the action of the respondents in not passing orders granting quarry lease on the application dated 30.03.2007, Government land in Sy. No. 123 and Sy. No. 121/2 of petitioner’s patta land in Gurijepally village, Santhamagulur Mandal, Prakasam District.

4. Heard Smt. M. Sobha, learned counsel for the petitioner, learned Government Pleader for Mines and Geology, appearing for the respondents 1 to 3 and Sri. P. Venugopal, counsel appearing for Advocate on record for respondent No. 4.

5. Originally the petitioner was granted a quarry lease for Black Granite in Survey No. 123 of Gurijepally village, Santhamagulur Mandal, Prakasam district for an extent of 30.00 acres, by way of transfer in the year 1985, out of which, a land in an extent of Acs. 10.00 was surrendered to the department and the same was accepted by the Deputy Director of Mines and Geology, Guntur, vide proceedings dated 06.06.1993. Later the balance area of 20 acres, was renewed for a period of five years by the Deputy Director of Mines and Geology, Guntur vide proceedings dated 21.06.1993.

6. In view of the change of rules, the Deputy Director of Mines and Geology, Guntur issued proceedings dated 11.10.1993 granting lease period from five years to fifteen years, as a result of which, said lease was made valid upto 23.06.2008. Later the same was renewed for a period of 20 years, vide proceedings dated 15.09.2009, hence, the lease is valid upto 23.06.2028. While so, the 2nd respondent issued proceedings dated 26.08.2015, without considering the request of the petitioner dated 05.09.2014 and without reference to the same even directed the 3rd respondent to demarcate the excess area of Ac. 1.42 cents, which is under possession of the petitioner. The petitioner has filed Writ Petition questioning the said proceedings in W.P. No. 30256 of 2015, which was disposed of along with W.P. No. 20446 of 2017 filed by the 4th respondent herein/Sri. B. Rama Krishna, for grant of lease for an extent of Ac. 2.47 cents in Sy. No. 123 of Gurijepally village of Santhamagulur Mandal, Prakasam District.

7. After considering the facts of both the Writ Petition, the same was disposed of with the following directions:-

“Accordingly, the Writ Petition No. 30256 of 2015 is allowed; the order dated 26.08.2015 in Proceedings No. 12334/R2-2/2011 dt.26.08.2015 of the Director of Mines and Geology, Hyderabad is set aside; the Writ Petition No. 20446 of 2017 is also allowed; the letters Rc. No. A4/412/2015 dated 13.11.2015 and Rc. No. A4/412/2015 dt.26.08.2015 issued by the Assistant Director of Survey and Land Records, Government of Andhra Pradesh, Ongole, Prakasam District are also set aside; the Additional Surveyor General, Indian Institute of Survey and Mapping, Uppal, Hyderabad-500039 is directed to cause a survey of the land in occupation of the IGPL, after giving notice to IGPL and Sri. B. Rama Krishna, petitioners in both the writ petitions, on payment of expenses for said survey equally by both of them; and then submit report to both parties as well as the Director of Mines and Geology, Government of Andhra Pradesh, Ibrahimpatnam, Vijayawada, Krishna District within two (02) months. Subject to the re