IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.23547 of 2008 Between: N.Hanumantha Rao S/o.Ankallu R/o.Ravindranath Tagore Street, Ramalingeswar Nagar, Vijayawada, Krishna District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Secretary, Industries & Commerce (SPIU & SAND) Department, Secretariat Building, Hyderabad. 2 The Joint Collector-cum-Chairman of the District Level Sand Committee, Vijayawada, Krishna District. 3 The Director of Mines & Geology, 8th floor, BRKR Bhavan, Tank Bund, Hyderabad. 4 The Assistant Director of Mines & Geology, Vijayawada, Krishna District. 5 T.Srinivasa Rao S/o. Narasimha Rao, R/o.Chodavaram Village, Penamaluru Mandal, Krishna District .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an order or writ one in the nature of writ of Mandamus declaring the action of the first respondent in issuing the Memo No.14244/SPIU&Sand/2008/1 dated 18.10.2008 by staying the auction Notification No.772/Q/2007 dated 14.10.2008 issued by the Assistant Director of Mines & Geology, Vijayawada, as arbitrary, illegal, unjust, unconstitutional, violative of Rule 9-B of the A.P.M.M.C.Rules, 1966 and opposed to the public policy and consequently call for the records and set aside the same and direct the official respondents herein to hold the auction as scheduled as per notification issued on 14.10.2008. Counsel for the Petitioner: SMT.N.SHOBA Counsel for Respondents 1 to 4: GP FOR MINES AND GEOLOGY Counsel for Respondent No.5: MR. M. SRINIVASA RAO The Court made the following: THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.23547 of 2008 ORDER: This writ petition is filed questioning the order dated 18.10.2008 passed by the 1st respondent- Government, whereunder the operation of the auction notice dated 14.10.2008 issued by the 4th respondent- Assistant Director of Mines and Geology, Vijayawada, Krishna District, was stayed until further orders. According to the petitioner, pursuant to a notice issued by the 4th respondent on 14.10.2008, inviting tenders for leasing out the rights of quarrying sand in the reaches viz., Kotikalapudi of Ibrahimpatnam Mandal, Gollapudi of Vijayawada Rural and Vallurupalem of Thotlavalluru Mandal, he has submitted tender forms for participating in the auction scheduled to be conducted on 03.11.2008. While so, even before the auction could be conducted, the 5th respondent herein filed a revision before the 1st respondent- Government stating that, in the year 2004, when Kotikalapudi Reach was notified for public auction for a period of one year, he stood as highest bidder and was granted lease for a period of one year from 18.12.2004 to 17.12.2005, but however, he could not conduct quarrying operations for certain period due to floods and therefore he requested the authorities to extend the lease period, which is pending consideration, and, therefore, issuance of the auction notice dated 14.10.2008, pending consideration of his request, is illegal. Thereupon, pending the said revision, the 1st respondent granted stay of the operation of the said auction notice, by the impugned order dated 18.10.2008. The petitioner contends that the lease granted in favour of the 5th respondent expired in the year 2005 itself and the 5th respondent has no legal right whatsoever for seeking stay of the auction scheduled to be conducted on 03.11.2008. Heard both sides. In the facts and circumstances of the case, since the revision preferred by the 5th respondent is pending before the 1st respondent, without expressing any opinion on merits, the 1st respondent is directed to dispose of the said revision within a period of eight weeks from the date of receipt of a copy of this order and communicate the orders passed therein to the petitioner. With the above directions, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 12th February, 2009. IBL