ORDER:

The petitioner prays for writ of mandamus declaring the impugned letter No.APMDC/VSP/Heavy minerals/09-10/384, dated 22.02.2010, issued on behalf of the 4th respondent corporation to the petitioner company as illegal, arbitrary and contrary to the provisions of the Mines and Minerals (Development and Regulation) Act, 1957 (for short, ‘the MMDR Act, 1957’) and consequently to set aside the same. 2. The petitioner’s case succinctly is thus:

(a) The petitioner is a Private Limited Company dealing in beach sand mining and Garnet production facility having technical facility in that regard. Beach Sand Mineral (BSM) deposits in our country contain seven important minerals viz., Ilmenite, Rutile, Leucoxene (Titanium minerals), Monazite (Thorium mineral), Zircon (Zirconium mineral), Garnet and Sillimanite (Industrial minerals) co-existing together. Of these, only Monazite is radio-active & Prescribed Substance. The Garnet and Sillimanite are non-scheduled minerals and are governed by the MMDR Act, 1957 and the Mineral Concessions Rules 1960 (for short, ‘the MC Rules, 1960”). The other heavy minerals are classified as Prescribed Substances and were regulated by the Atomic Energy Act, 1