the petitioner in an extent of Ac.2.00 cents in Sy.No.358/48A of Kubadpuram, H/o. Kotanemalipuri Village, Rajupalem Mandal, Guntur District, the present writ petition is filed. 3. It is contended that the petitioner has made an application on 15.04.2006 for grant of quarry lease and has also paidrequisitefeeof Rs. 1,500/- through Challan No.604 dated 15.04.2006.Thesaidapplication is still pending for consideration. 4. Learned counsel for the petitioner contends thatintermsofprovisoto Rule 13 (2) of Andhra Pradesh Minor Mineral ConcessionRules,1966(for short “the Rules”), whenever such an application isfiledforgrantofquarry lease is rejected or deemed to have been rejected,undertheserules,the fee paid by the applicant under sub-rule (1) of Rule12oftheRulesshallbe refunded to the applicant. 5. It is argued that since such a refund has not beenmadebythe authorities to the petitioner, it is presumed thattheapplication is still pending for consideration by the authorities. He furthercontendsthatthe department is proposing to grant a quarry lease inrespectofthesubject land in favour of some third parties, under the circumstances,sincethe application filed by the petitioner is prior in timeandas old as twenty years. The petitioner's application should be considered firstbeforeany license is granted in favour of a third party.
