The court found the mining lease transfer application ineligible due to failure to comply with legal requirements, notably the absence of an approved mining plan as mandated by law.

JUDGMENT / ORDER :

This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief :

"..... to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the respondents in not transferring of mining lease to the petitioner duly paying the transfer of Mining lease application fee of Rs.2,500/- vide Ch.No.5219, dated 29.01.2004 of STO, Nellore for Mica, Quartz, Feldspar, and Vermiculite over an extent of Acs.26.60 cents in Sy.Nos.181 and 182 of Inkurthy Village, Podalakur Mandal, SPSR Nellore District, basing on Memo No.47126/R3-1/2010, dated 07.12.2010 issued by the 2nd respondent and Letter No.5069/M2/90, dated 04.03.2009 issued by the 3rd respondent is highly illegal, arbitrary, unconstitutional, violation of Principles of Natural Justice and in violation of Articles 14, 16 and 300-A of the Constitution of India and consequently to direct the respondents to transfer of mining lease on the name of the petitioner duly paying the transfer of Mining lease application fee of Rs.2,500/- vide Ch.No.5219, dated 29.01.2004 of STO, Nellore for Mica, Quartz, Feldspar and Vermiculite over an extent of Acs.26.60 cents in Sy.Nos.181 and 182 of Inkurthy Village, Podalakur Mandal, SPSR Nellore District basing on Memo No.47126/R3-1/2010, dated 07.12.2010 issued by the 2nd respondent and Letter No.5069/M2/90, dated 04.03.2009 issued by the 3rd respondent...."

2. Brief facts of the case are that the petitioner intends to take Mining Lease in respect of Survey Nos.181 and 182 to an extent of Acs.26.60 cents situated at Inukurthi Village, Podalakur Mandal, Nellore District by way of transfer from Mr. S.V. Maheedar Reddy (for short "the lease holder"), S/o. Venkata Krishna Reddy in favour of the petitioner, after giving an amount of Rs.20,000/- as consideration towards previous development charges of said Mica Mine. The lease holder has executed a letter on the non-judicial stamps paper to the then Secretary, Industries and Commerce (Mines-II) Department, Hyderabad on 28.07.2023 for transfer of mining lease to the petitioner duly paying the transfer of Mining lease application fee of Rs.2,500/- vide Ch.No.5219, dated 29.01.2004 of STO, Nellore, for Mica, Quartz, Feldspar and Vermiculite over an extent of Acs.26.60 cents in Survey Nos.181 and 182 of Inkurthy Village, Podalakur Mandal, SPSR Nellore District. While so, the 2nd respondent passed a Memo No.47126/R3-1/2010, dated 07.12.2010 stating that Mines and Mineral Lease for Mica, Quartz, Feldspar and Vermiculite over the subject land held by Mr. S.V. Maheedar Reddy to transfer in favour of the petitioner and stated that the lease holder is requested to re-submit the transfer proposals after obtaining the valid approved Mining Plan from the lessee. The lease holder requested for transfer of Mining Lease held by him over the subject area in favour of the petitioner, as he was unable to perform the Mining operations. But the respondents have not considered the transfer of the Mining lease application so far. Aggrieved by the same, the present writ petition has been filed.

3. The 3rd respondent filed counter-affidavit denying all the allegations made in the petition. It is further stated in the counter-affidavit that the Government vide G.O. Ms. No.697 of Industries and Commerce (M.I) Department, dated 28.07.1976 have granted a Mining Lease for Mica over an extent of Acs.26.60 cents in Survey Nos.181 and 182 of Inkurthy Village, Podalakur Mandal, SPSR Nellore District, for a period of 20 years in favour of Mr. S.V. Maheender Reddy and the same was executed vide Proceedings N