THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION No. 804 OF 2010 Dated: 16-04-2010 Between: M. Venkateswara Rao and another ... PETITIONERS AND The Government of Andhra Pradesh, Industries & Commerce (SPIU&SAND) Department, Secretariat Building, Hyderabad, rep., by its Secretary and six others ... RESPONDENTS THE HON'BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU and THE HON'BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION No.804 OF 2010 ORDER: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) Auction of sand quarry leasehold rights relating to Madduru Sand Reach, Kankipadu Mandal, Krishna District is questioned on the ground of failure of the competent authority to obtain necessary clearance in terms of Rule 9-B(6) of the Andhra Pradesh Minor Mineral Concession Rules, 1966. Averment is not only denied by the Assistant Director of Mines and Geology, Vijayawada, respondent 4 herein, but it is very specifically averred that the auction was conducted after obtaining clearance of the Director, Ground Water Department as also with the prior clearance of the Executive Engineer, K.C Division, Vijayawada, who happens to be the Conservator for the river Krishna vide letter JTO4/115REV dated 13-10-2008. Notwithstanding the clearance aforementioned, the contention of the learned for the counsel for the petitioners is that it could not be taken into account because of its remoteness in point of time. Contention needs to be appreciated in the light of the stand disclosed by the official respondents that nobody had responded to the earlier notification issued in the financial year 2007-2008 and there was no auction pursuant to the earlier clearance. That apart, the statute does not provide for any time frame for purposes of clearance. Viewed thus, indulgence is uncalled for. Dismissed. SANJAY KUMAR, J NISAR AHMAD KAKRU, CJ 16-04-2010 K. Shyleshi