IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 12616 of 1999 Between: M/s. Mannavarapadu Vaddera Labour Contract Co-opSocieted ltd Rep.by President, B.Penchalaiah,S/o. Ramanaiah, N.O.K.946,Mannavarappadu(V), Nellore Rural Mandal, Nellore District. ..... PETITIONER AND 1 The Govt. of Andhra Pradesh, Rep.by it's Secretary, Industries & Commerce Department(Mining Department), Secretariat, Hyderabad. 2 The Director of Mines & Geology, Government of A.P. of A.P., Hyderabad. 3 The Dy. Director of Mines & Geology, Guntur District. 4 The Asst.Director of Mines & Geology, Nellore, Nellore District. 5 Sri V.Anjaneyulu Reddy, S/o. Sundararami Reddy, Devarapalem(V), Nellore Rural Mandal , 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 an order or direction more particularly one in the nature of Writ of Mandamus declaring rule 35 of A.P. Mineral Concession Rules 1966 in far as not provide for grant of interim orders pending the appeal and the action of the 2nd respondent in not granting stay of operation of the order of the 3rd respondent in his proceedings No.822/Q2/99 dt.2-6-99 pending the appeal as illegal , arbitrary,unjust and pass such other order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.P.SRIDHAR REDDY Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : Form-NIC-OGS/WP{MSKM} HONOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.12616 of 1999 ORDER: (Per Hon’ble Sri Justice V.Eswaraiah) The subject matter relates to the grant of mining lease in favour of the 5th respondent, for a period of ten years, by order dated 02-06-1999. As the period of ten years is going to be expired by 02-06-2009, more so, the writ petition itself is filed requesting to grant stay of the proceedings pending disposal of the appeal, which was filed in June, 1999, we are of the opinion that nothing would survive in the matter. In the circumstances, the Writ Petition is dismissed as infructuous. No costs. _________________________ JUSTICE V.ESWARAIAH _____________________________ JUSTICE VILAS V. AFZULPURKAR 24th February, 2009 Kvr