TMI Blog1992 (9) TMI 357X X X X Extracts X X X X X X X X Extracts X X X X ..... extent earlier. The term of his lease was expiring on 20.8.87. He applied for renewal of the lease 90 days before the expiry of his lease as contemplated by Sub-rule 2 of Rule 13 of the said rules. On 17.7.87 however he withdrew his application. On 18.7.87 his son, the fourth respondent, applied for grant of lease in respect of 18 acres in the said survey number. No orders were passed thereon by the appropriate authorities. On 10.8.87 the appellant, a Labour Cooperative Society, applied for lease in respect of the entire extent of 40 acres. Both these applications remained pending till the expiry of 90 days from the respective dates they were filed, with the result that they were deemed to have been rejected. Both of them filed revisions be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erred cross objections. Both of them were heard by a Division Bench which disposed of the Writ Appeal in the following terms: (1) The order of the learned Single Judge confirming the grant in favour of the fourth respondent is unexceptionable. (2) The learned Judge was not right in setting aside the grant in favour of the fifth respondent. The grant in favour of the fifth respondent is equally valid and proper. Accordingly the Writ Appeal was dismissed and the cross objections filed by the fifth respondent were allowed. 6. Shri K. Madhava Reddy, learned Counsel for the appellant submitted that the Division Bench erred in holding that the application filed by the appellant on 10.8.87 was barred by limitation and also in holding that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring or any other allied subjects; (iv) Other applications; (3) (Omitted as unnecessary.) (4) In case where the quarry lease holders fail to apply for renewal of the lease of the areas within ninety days before the expiry of the lease held by them, as required under Sub-rule (2) of Rule 13, fresh application for grant of quarry lease, in respect of those areas, will be entertained thirty days before the expiry of the lease: Rule 13 : Disposal of application : (1) The application for the grant of a quarry lease shall be disposed of within ninety days from the date of its receipt and if it is not disposed of within that period, the application shall be deemed to have been refused. (The lease deed shall be executed within ninety days ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 12(4). It must be noticed that the first half of Rule 12(4)( In case where...under Sub-rule (2) of Rule 13 ) expressly refers to Rule 13(2) and says that if no application is made there under others can apply. The said words cannot and can never mean anything different than what is provided by Rule 13(2). It is for this reason that we say the word within therein is inappropriate and ought to be ignored. The Rule-making authority would be well advised to delete the same. On a proper and harmonious reading of Rules 13(2), 12(4) and other allied provisions, the following scheme emerges: (1) An existing lessee has to apply for renewal, if he so chooses, at least ninety days before the expiry of the period of his lease. Such application ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idering the third category applications. In case, no application falling in the second category is received or if received, is rejected, does the occasion arise for taking up and considering the third category applications. (5) We may clarify in the interest of unbroken exploitation of mineral wealth, that the authority can well receive the applications falling within all the three categories, if and when filed. For example, he ought not to refuse to receive the second category applications merely because the renewal application is filed and so on. But the applications received shall be placed in their proper category and considered in the order indicated above. 9. Now let us consider the facts of this case in the light of the above u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent No. 5. The term of the lease is five years only. A major portion of that term is already over. We, therefore, propose to give a quietus to the controversy. If so, question arises who among the two Labour Cooperative Societies should be preferred. The Division Bench has pointed out, rightly in our opinion, that among the two of them, the fifth respondent is entitled to preference for more than one reason viz., (1) the fifth respondent society is composed of members of Vadde Community who are the traditional stone-cutters. Though they do not belong to Schedule Castes or Scheduled Tribes, they are at the lowest rung among the backward classes, whereas the petitioner society is composed of mere labourers who do not necessarily belong to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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