IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.8211 of 2009 Between: K.B.N. Gangadhar, S/o. Satyanarayana, R/o. Edepalli, Shaktiguda, Machilipatnam, Krishna District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Industries & Commerce Department, Secretariat, Hyderabad, Rep by its Secretary. 2 The Asst. Director of Mines & Geology, Vijayawada, Member Convenor (DLC), Sand Auctions, 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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in not deciding the revision filed by petitioner on 23- 1-2009 seeking to grant the non operation period to quarry Sand from Iluru Sand Reach, Thotlavalluru Mandal, Krishna District, despite the representation dated 12-2-2009 as arbitrary, illegal, failure to exercise power, discriminatory, against the principles of natural justice, violative of the procedure contemplated under the AP Minor Mineral Concession Rules, 1966, violative of the Articles 14 and 19 of the constitution of India, and consequently direct the 1st respondent to decide the revision filed by petitioner. Counsel for the Petitioner: MR.C.V.R.RUDRA PRASAD Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following: THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.8211 of 2009 ORDER: Heard both sides. It is the case of the petitioner that he obtained leasehold rights of quarrying sand in Illuru Sand Reach, Thotlavalluru Mandal of Krishna District, for a period of one year from 24.01.2008 to 23.01.2009, but, during the said period, he could not conduct quarrying operations for a period of 48 days, and, therefore, he approached the authorities on 26.11.2008 requesting to extend the lease for the said non-operation period. While so, even before his request could be considered, the 2nd respondent- Assistant Director of Mines & Geology, Vijayawada, Member Convenor (DLC), Sand Auctions, Krishna District, issued auction notification dated 20.01.2009 for auctioning the leasehold rights of quarrying sand in various reaches including Illuru Sand Reach. Thereupon, the petitioner stated to have filed a revision before the 1st respondent, on 23.01.2009, seeking to stay all further proceedings in pursuance of the said notification dated 20.01.2009 and to consider his request for extension of lease for 48 days, but the petitioner complains that no orders have been passed on his revision so far and the representation submitted by him on 12.02.2009, requesting for disposal of his revision, has not been acted upon. In the facts and circumstances of the case, without expressing any opinion on merits, the 1st respondent is directed to consider the revision purported to have been filed by the petitioner on 23.01.2009 and pass appropriate orders, as per law, within a period of four weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner. With the above directions, the writ petition is disposed of. No order as to costs. _________________ JUSTICE C.V. RAMULU 21st April, 2009. IBL