IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 25559 of 2007 Between: 1.The Gollapudi All Castes sand Boat Worker Labour Contract Cooperative Society Ltd., No. G3115, Gollapudi, rep by its President Sri K. Kodanda Ramaiah S/o Venkateswara Rao, aged 58 years, Gollapudi, Krishna District, 2.Polakampadu fishermen Cooperative Society Ltd., Q. No. 1856/1959 Polakampadu, Tadepalli Mnadal, rep. by its President Sri S. venkata Narayana S/o Late Venkateswara Rao aged 50 years R/o Undavalli, Tadepalli mandal, Krishna District. ..... PETITIONERS AND 1.The Government of A.P., rep by its Secretary Industries and Commerce (SPIV & Sand) department, Secretariat Buildings, Hyderabad. 2.Director of Mines and Geology, Hyderabad 3.Joint Collector & Chairman, District Level Committee, Guntur District. 4.Asst. Director of Mines & Geology, Guntur 5.Sri A. Anjaneya All Castes Boats Men Labour Contract Labour Coop. Society Ltd., Nagayalanka, 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 will be pleased to issue a writ, order or Direction more particularly one in the nature of Writ of Mandamus declaring the proceedings in Memo No. 15490/SPIU & Sand/2007-3 Industries & Commerce (SPIU & Sand) Dept., dated 23-11-2007 of the respondents as illegal and consequently direct the respondents to proceed further in pursuance of the Notification in Memo. No. 988/Sand/2007 of the 3rd respondent dated 19-09-2007 for granting lease rights of sand in respect of Reach No. 10 of Undavalli, Guntur District. Counsel for the Petitioners: SMT.K.SESHARAJYAM Counsel for the Respondent Nos.1 to 4: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.5:--- The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.25559 of 2007 ORDER: The third respondent herein issued a notification, dated 19.09.2007, for grant of lease in respect of sand reach No.10 of Undavalli, Guntur District, under Rule 9-D of the A.P.Minor Minerals Concession Rules, 1966. Challenging the same, the fifth respondent-Society, which was granted lease for the previous year, filed a revision before the first respondent and the same was disposed of by order, dated 23.11.2007, granting permission to the second respondent to renew the lease in favour of the fifth respondent-society for second year also with 20% enhancement over the first year lease amount. Challenging the said order, dated 23.11.2007, the petitioners herein, who wanted to participate in the auction proposed to be held under the notification, dated 19.09.2007, filed this writ petition. This Court while directing Rule nisi, by order dated 30.11.2007, granted interim suspension of the proceedings of the first respondent, dated 23.11.2007, and the same has been in operation all through. While so, a counter affidavit has been filed on behalf of the fifth respondent- society stating that the members of the fifth respondent- society were advised to withdraw the rights accrued under the impugned order, dated 23.11.2007. Having regard to the said counter affidavit, in which it was expressed that the fifth respondent is foregoing the right of renewal accrued under the impugned order, dated 23.11.2007, no further enquiry is necessary on merits. Accordingly, the impugned order, dated 23.11.2007, is hereby set aside and the writ petition is disposed of. No costs. _______________ 19.06.2008 VGB