IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO : 20672 of 2009 Between: M/s Appi Reddy and Company, H.No. 1-2-1064 Rakasipet, Bodhan Mandal, Nizamabad District, Rep by its Proprietor M.Appi Reddy S/o. M.Venkata Ram Reddy aged 60 yrs, Occ:Agri., & Business, R/o. H.No.1-2-1064, Rakasipet, Bodhan Mandal, Nizamabad District. ... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Secretary, Industries and Commerce Department, Secretariat, Hyderabad. 2 The Director of Mines and Geology, A.P., Hyderabad. 3 The Deputy Director of Mines and Geology, Near Water Tank, Subhashnagar, Nizamabad. 4 The Assistant Director of Mines and Geology, D.No.11-1-1790, Maruthinagar, Nizamabad. ...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 any appropriate Writ, Order or direction more in the nature of Writ of Mandamus directing the Respondents herein more particularly to the Respondents No.4 herein to issue transit passes for transportation of Sand from Bicknelli Village, Hamlet of Khandgaon Grampanchayat, Bodhan Mandal, Nizamabad District by duly declaring the action of the Respondent No.4 in not considering the representation dated 25-7-2009 made by the petitioner for issuing transit passes for transporttion of the same ie Sand in the state of Andhra Pradesh even after verification was done by him with regard tow ay bills issued by the District Mining Officer, Nanded, maharashtra State and Even after obtaining the report that the way bills issued by him are genuine as illegal and arbitrary Counsel for the Petitioner:MR.V.RAVI KIRAN RAO Counsel for the Respondent No.: GP FOR INDUSTRIES & COMMERCE The Court made the following : ORDER: - This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the 4th respondent to issue transit passes for transportation of Sand from Bicknelli village, Hamlet of Khandgaon Grampanchayat, Bodhan Mandal, Nizamabad District. Heard both sides. The grievance of the petitioner in this writ petition is that, without there being any authority, the 4th respondent - Assistant Director of Mines and Geology, has not been issuing the transit passes. It is stated that the 4th respondent also verified the transit passes submitted by the petitioner for the sand lease at Hungonda and the District Mining Officer, Nanded verified the genuineness of transit passes submitted by the petitioner. Since the representation dated 25.07.2009 with regard to issuing of transit passes is pending with the 4th respondent, appropriate decision has to be taken by the 4th respondent, in accordance with law, whether to issue transit passes or not, as early as possible. Accordingly, the writ petition is disposed of directing the 4th respondent to take appropriate decision on the representation dated 25.07.2009 made by the petitioner in issuing transit passes for transportation of sand, in accordance with law within a period of four weeks from the date of receipt of a copy of this order. ________________ (K.C.BHANU, J.) 24th September 2009 LMV