IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 17162 of 2001 Between: Pilli Venkateswara Reddy, S/o Ramaiah R/o Rayavaram Village, Markapur Mandal, Prakasam District. ..... PETITIONER AND 1 The Government of A.P. Rep. by its Secretary, Industries & Commerce Department, Secretariat, Hyderabad. 2 The Director of Mines & Geology, Hyderabad 3 The Dy. Director of Mines & Geology, Guntur. 4 The Asst. Director of Mines & Geology, Ongole, Prakasam Disrict. .....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 writ one in the nature of Writ of Mandamus declaring the action of the respndents in not treating the period of 10 years from the date of Execution dt 11-4-2000 on par with other lessess and not adjusting/refunding the amount of Rs. 58, 299/- paid by the petitioner towards dead rent for the period 4-9-97 to 11-4-2000 as arbitrary illegal, unjust and violative of principles of natural justice and consequently direct the respondents treat the period of 10 years form the date of execution 11-4-2000 to adjust the amount of Rs. 58,299/- paid by the petitioner towards dead rent for the renewal lease granted to him w.e.f. 11-4-2000 for slatestone over an extent of 3,20 acres in Sy.No. 385/2 of Rayavaram Village, Markapur Mandal, Prakasam District Counsel for the Petitioner:SMT.N.SHOBA Counsel for the Respondent No.: GP FOR INDUSTRIES & COMMERCE The Court made the following : THE HON’BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO.17162 OF 2001 ORAL ORDER: This writ petition challenges the action of the respondents in not adjusting/refunding the amount of Rs.58,299/- paid by the petitioner towards the dead rent for the period 04.09.1997 to 11.04.2000. The admitted facts of the case are as follows: The petitioner was granted a quarry lease for Slate Stone over an extent of Ac.3.20 cents in Survey No.385/2 of Rayavaram Village, Markapur Mandal, Prakasam District, originally for a period of ﬁve years from 03.09.1992 to 03.09.1997. He applied for the renewal of the said lease in accordance with law. Owing to the conditions imposed by the respondent-authorities, the renewed lease deed could not be executed till 11.04.2000. Sanction for commencing the quarry operations was also issued in favour of the petitioner by proceedings No.1876/Q/97 dated 11.04.2000. The grievance of the petitioner is that he was asked to pay Rs.58,299/- towards dead rent for the period 04.09.1997 to 11.04.2000, though he did not carry on any quarrying operations during the said period. Having deposited the amount as demanded by the respondent-authorities under protest, the petitioner requested the authorities either to refund or to adjust the said amount. Owing to the inaction of the respondent-authorities upon this representation, the petitioner filed the present writ petition. A counter aﬃdavit is ﬁled by the Assistant Director of Mines and Geology, Markapur, the fourth respondent herein, stating to the eﬀect that the Government, after careful consideration of the request made by the petitioner, decided to grant exemption of dead rent from 04.07.1997 to 11.04.2000 under its Memo No.16573/M.II(1)/ 2000-1 dated 15.11.2001. In pursuance of the said Memo, it is stated that the amount paid by the petitioner was already adjusted towards dead rent and also for issue of permits. In the light of the averment made in the counter aﬃdavit, it is clear that no cause of action survives for adjudication in the writ petition. The writ petition is accordingly dismissed. There shall be no order as to costs. _________________________ P.V.SANJAY KUMAR, J. 24th October, 2008. VGSR