IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 12485 of 2000 Between: M/s. G.V.S.Stone Crushers, Rep. by its Prop. G. Prabhakar S/o. G. Venkata Subbaiah and R/o. Ramaswamypalem, Bitragunta, Bogulu Mandal, Nellore District. ..... PETITIONER AND 1 Govt. of Andhra Pradesh, Rep. by its Secretary, Industries & Commerce (Mines-II) Department, Secretariat Buildings, Hyderabad. 2 The Director of Mines & Geology, Government of Andhra Pradesh, B.R.K.R.Bhavan, Tankbund Road, Hyderabad. 3 The Deputy Director of Mines & Geology, Guntur, Guntur District. 4 The Asst. Director of Mines & Geology, Nellore, Nellore District. 5 The District Collector, Nellore, NELLORE DISTRICT. 6 The Superintendent of Police, Nellore, Nellore District. 7 The Revenue Divisional Officer, Kavali, Nellore District. 8 The Mandal Revenue Officer, Vinjamuru Mandal, Vinjamuru Nellore 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 to issue Writ order or direction particularly one in the nature of Writ of Mandamus:- i) to declare Rule 31 (XVIII) of A.P. Minor Mineral concession Rules, 1966 is arbitrary, illegal and ultravires of Mines & Mineral (Regulation & Development) Act, 1957 and unconstitutional to provisions of Article 14 and Article 19(1) (g) of the Constitution of India, ii) to declare hte impugned order (Show-Cause Notice) issued by the Deputy Director of Mines & Geology, Guntur in No. 3044/Q3/93 dated 24-5-2000 is arbitrary, illegal and set-aside the same and to pass such other order or orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case and in the interest of justice. Counsel for the Petitioner:MR.K.MURALIDHAR REDDY Counsel for the Respondent No.: GP FOR INDUSTRIES & COMMERCE The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON'BLE SRI JUSTICE P.V. SANJAY KUMAR Writ Petition No. 12485 of 2000 Oral Order: (per Hon’ble Sri Justice Goda Raghuram) This writ petition is ﬁled for a declaration that Rule 31 (XVIII) of the A.P. Minor Mineral Concession Rules, 1966, is illegal and contrary to the provisions of Mines and Mineral (Regulation and Development) Act, 1957, apart from being ultra vires the provisions of Articles 14 and 19(1)(g) of the Constitution of India. It is represented by the learned counsel for the petitioner that the quarry lease was granted by the State to the petitioner for road metal in an extent of 12.61 Acres in Survey No.36/P, Nallagonda village, Vinjamur Mandal, Nellore District, in 1993, expired in 2003 i.e., with eﬀect from 04.08.2003. Even during the currency of the lease period, the petitioner could not operate the lease for reasons not germane to this writ petition. In the circumstances, learned counsel for the petitioner states the cause in this writ petition does not survive, as the lease period is also now over. Recording the said submission, the writ petition is dismissed as infructuous. There shall be no order as to costs. ____________________ GODA RAGHURAM, J. ______________________ P.V. SANJAY KUMAR, J. Date: 06.09.2008 Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Govt. of Andhra Pradesh, Industries & Commerce (Mines-II) Department, Secretariat Buildings, Hyderabad. 2 The Director of Mines & Geology, Government of Andhra Pradesh, B.R.K.R.Bhavan, Tankbund Road, Hyderabad. 3 The Deputy Director of Mines & Geology, Guntur, Guntur District. 4 The Asst. Director of Mines & Geology, Nellore, Nellore District. 5 The District Collector, Nellore, NELLORE DISTRICT. 6 The Superintendent of Police, Nellore, Nellore District. 7 The Revenue Divisional Officer, Kavali, Nellore District. 8 The Mandal Revenue Officer, Vinjamuru Mandal, Vinjamuru Nellore District. 9. 2CCs to 10.2CD copies Form-NIC-OGS/WP{RAGHU}