IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.26686 of 2008 Between: N.Rama Chandra Reddy S/o.Rama Krishna Reddy R/o.Ubalanka village, Ravulapalem Mandal, East Godavari 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, BRKR Building, 8th Floor, Tank Bund Road, Hyderabad. 3 The District Level Sand Committee, rep. by its Chairman and Joint Director, East Godavari District, Kakinada. 4 The Assistant Director of Mines and Geology, Rajahmundry, East Godavari District 5 S.Pullaiah Naidu S/o.Narasimha Murthy, R/o.Veeravallipalem Village, Innavalli Mandal, East Godavari 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 order or writ one in the nature of writ of Mandamus declaring the action of the respondents in not implementing the orders of this Hon’ble court in W.P.No.7550 of 2008 dated 8.4.2008 for consideration of the case of the respondent No.5 and not considering the petitioner’s representation dated 5.6.2008 and 1.9.2008 and in permitting Respondent No.5 to quarry sand in Reach No.25 Kothapeta- Kedarlanka from 1.102008 as arbitrary, illegal, unjust, contrary to the provisions of AP Minor Mineral Concession Rules,1966 R/W Mines & Minerals (Development & Regulation) Act, 1957 and in violation of Article 14 of Constitution of India. Counsel for the Petitioner: SMT.N.SHOBA Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following: THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.26686 OF 2008 ORDER: Heard both sides. It is the case of the petitioner that pursuant to a notification dated 04.09.2007 issued by the 4th respondent- Assistant Director, Mines and Geology, Rajahmundry, East Godavari District, inviting tenders for leasing out the rights of quarrying sand in various Reaches and Ramps in East Godavari District mentioned therein, he stood as the highest bidder for package No.4 consisting of Reach Nos.15, 16, 17, and has been conducting quarrying operations by paying the necessary bid amount. It is his grievance that for conducting quarrying operations for the second year, he had to pay double the bid amount along with 20% of the original bid amount as per the directions of the 4th respondent; whereas the 5th respondent, who is a similarly situated lessee, was allowed to pay the original bid amount along with 20% of the same towards the lease amount for the second year, in the light of the orders dated 08.04.2008 passed in W.P.No.7550 of 2008 and batch filed by the 5th respondent and other similarly situated persons questioning the action of the 4th respondent in asking them to pay double the bid amount. The petitioner contends that since he is similarly situated to that of the 5th respondent, the benefit extended to the 5th respondent is also to be extended to him and in this regard he also made representations dated 05.06.2008 and 01.09.2008 to the 1st respondent- Government, ventilating all his grievances, but no action has been taken thereon. Hence, this writ petition. In the facts and circumstances of the case, without expressing any opinion on merits, the 1st respondent- Government is directed to dispose of the representations dated 05.06.2008 and 01.09.2008 purported to have been submitted by the petitioner and pass appropriate orders as per law, within a period of three 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 19th January, 2009. IBL