IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 14193 of 2008 Between: Bandlamudi Chwdari Rao, S/o. Ramanujaiah, R/o. Gottimukkala Village, Kanchikacherla Mandal, Krishna District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Secretry, Industries & Commerce dept., Secretariat, Hyderabad. 2 The Assistant Director of Mines & Geology, Nandigama, Krishna District. 3 G.Venkateswara Rao, S/o. Ranga Rao, R/o. Gottumukkala Village, Kanchikacherla 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 will be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring order of the 1st respondent dated 27-05-2008, granting extension and renewal in favour of the 3rd respondent to quarry sand from Kothapeta Sand Reach, Kanchikacherla Mandal, Krishna District and the consequential order of the 2nd respondent dated 04.06.2008, as arbitrary, illegal, unjust, violative of Article 14 of the Constitution of India and contrary to the procedure contemplated under the A.P. Minor Mineral Concession Rules, 1966 and consequently set aside the same. Counsel for the Petitioner : MR.V.RAMAKRISHNA REDDY Counsel for the Respondents 1 & 2 : GP FOR MINES AND GEOLOGY Counsel for the Respondent No.3 : MR.C.V.R.RUDRA PRASAD The Court made the following : HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 14193 of 2008 ORDER : (Per Hon’ble Sri Justice R.Subhash Reddy) This writ petition is filed in public interest, challenging the orders of the Government, dated 27.05.2008, passed in Memo No.15440/SPIU & SAND/2007-3. 2. Auctions were held on 01.12.2006 for grant of leasehold rights for sand lease of Kothapeta sand reach in Kanchikacherla Mandal of Krishna District. In the open auction, which was conducted as per the statutory rules, namely Andhra Pradesh Minor Mineral Concession Rules, 1966, the 3rd respondent was the highest bidder with Rs.77,77,789/-. A lease deed was executed for the first year from 27.12.2006 to 26.12.2007. However, during the said lease period, the Sarpanch of Kothapeta village, by name P.Narasimha Rao, represented before the Government that as there is only one approach road to reach this Kothapeta sand reach, on this ground, he obtained interim orders. By virtue of the interim orders obtained by the Sarpanch, the 3rd respondent could not operate the lease for the period from 19.11.2007 to 26.12.2007. When the 3rd respondent applied for renewal, taking note of the period for which he could not operate on account of interim orders granted by the 1st respondent from the period from 19.11.2007 to 26.12.2007, the Government has passed impugned order by condoning the delay and also renewed the lease for the second year with 20% enhancement. 3. In this writ petition, the only argument advanced by the learned counsel for petitioner is that the Government should not have condoned the delay. But it has to be seen that the 3rd respondent was the highest bidder and for no fault of him, he could not operate the lease for the period from 19.11.2007 to 26.12.2007 and referring to the said fact, the Government has considered and passed orders for renewing the lease for the second year. 4. We do not find any error in the order passed by the Government so as to examine the same in public interest. Asmuch as the 3rd respondent is the highest bidder, we are of the opinion that public interest would not suffer by virtue of the impugned orders passed by the Government. The writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. _________________ ANIL R. DAVE, CJ 3rd July 2008 ______________________ R. SUBHASH REDDY, J ajr To 1 The Secretary, Industries & Commerce Department, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The Assistant Director of Mines & Geology, Nandigama, Krishna District.