IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 21107 of 2008 Between: Yeruka Shiva Kumar S/o. Krishna Chari R/o. Puttepalem, Nellore Rural Mandal, Sri Potti Sriramulu Nellore District. ..... PETITIONER AND 1 The Principal Secretary, Department of Industries and Commerce, Secretariat, Hyderabad. 2 The District Collector, Sri Potti Sriramulu Nellore District Sri Potti Sriramulu Nellore. 3 The District Level Committee, Rep. by its Joint Collector cum- Chairman, Sri Potti Sriramulu Nellore District. 4 The Asst. Director of Mines & Geology, Vadeyapalem, Sri Potti Sriramul7u Nellore District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not considering the representations including representation dated 15-09-2008 extending the lease period by ﬁxing the date to handover the sand reach to the proposed auction purchaser as bad, arbitrary, and contrary to all canons of law and also oﬀends Articles 14, 19 and 21 of the Constitution of India, and to pass Counsel for the Petitioner:MS.M.VIDYAVATHI Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY W.P.No.21107 of 2008 ORDER: The petitioner is lessee on the strength of a lease deed, dated 24.11.2006 in respect of Jonnawada Sand Reach, Butchireddypalem Mandal, East Godavari District, under the limits of Penna river. The period of lease was 2 years from then. According to him, the Mandal Revenue Oﬃcer issued written instructions on 18.12.2006 for stopping of sand transportation, citing orders of this court and accordingly quarry could not be operated between 19-12-2006 to 12-02-2007. He claims to have made several representations to the Assistant Director of Mines and Geology,Vadeyapalem, Nellore for extending corresponding period and complains that no action has been taken thereon. Ms. M. Vidyavathi, learned counsel for the petitioner submits that there is ample proof, to establish that the petitioner was prevented by the written orders of the Revenue Authority from operating the quarry, and in view of the same, he is entitled to be compensated by extending the lease for the corresponding period. The learned Government Pleader for Mines and Geology on the other hand submits that even where stoppage of the quarrying of sand is on genuine reasons; according to the Rules in force, the only alternative is to compensate the lessee, in terms of the lease amount and the question of extending lease period does not arise. The complaint of the petitioner is principally that his representation made on several occasions was not disposed of. Though the arguments are made on merits, this court cannot express any view as to the entitlement or otherwise of the petitioner for the relief claimed. If according to the respondents, the petitioner is not entitled to the relief claimed, they have to inform the same in writing and there cannot be any justiﬁcation to keep the representation pending, indefinitely. Hence, the writ petition is disposed of directing the Assistant Director of Mines & Geology, Vadeyapalem,Nellore-4th respondent, to consider the representation and pass appropriate orders within a period of 4 weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY, J 13-11-2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}