- (1.)Heard the learned counsel for both the parties. At the request made by the learned counsel for the parties, the writ petition itself is heard and is being disposed of finally.
(2.)This writ petition is filed to issue a writ of Mandamus declaring the action of the 1st respondent in directing the 3rd respondent to submit approved mining plan by proposing to grant mining lease for Barytes over an extent of Ac.110-00 in Sy. Nos. 56, 58 of Pocharam village, Garla Mandal. Khammam District in favour of the 3rd respondent vide Memo No. 14956/M.III-2/2000 dated 18-12-2001 which was addressed to the 3rd respondent alone even before the consideration of the application of the petitioner society for grant of mining lease in respect of the very same area as illegal, arbitrary and discriminatory and contrary to the procedure specified in Rule 26 of the Mineral Concession Rules, 1960.
(3.)The petitioner is a society formed for the welfare of the members of the society by undertaking mining activity, civil contracts etc. The Government of A.P. vide its G.O. Ms. No. 232, Ind. and Com. (M.III) Department, dated 6-4-1973 granted a mining lease in favour of M/s. Expo Chemicals, Kothagudem for Barites over an extent of 110 acres in Sy. No. 57 and 58 of Pocharam Village, Khammam District. Subsequently the lease was terminated on the ground that the lease area fall in Scheduled area where only Tribals should be preferred in granting mining/quarry leases. Thus, the lease granted to Ex-Chemicals came to an end by 6-4-1973.