IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION No: 1831 of 2009 BETWEEN: M. Narayana Reddy, S/o. Ammi Reddy, R/o. Chityala Village, Vatsavai Mandal, Krishna District. ... PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Secretary, Industries and Commerce Department, Secretariat, Hyderabad. 2 The District Collector & Magistrate, Machilipatnam, Krishna District. 3 The District Level Sand Committee, Rep by its Chairman & Joint Collector, Machilipatnam, Krishna District. 4 The Executive Engineer, Special Division, Vijayawada, Krishna District. 5 The Deputy Executive Engineer, Munneru Sub-Division, Jaggaiahpet, Krishna District. 6 The Tahsildar, Vatsavai Mandal, Krishna District. 7 The Assistant Director of Mines & Geology, Nandigama, 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 may be pleased to issue an order or writ one in the nature of writ of Mandamus, declaring the action of the respondents in auction Notice No. 478/Q/2007, dated 25-12-2008 notifying the Polampally Sand Reach Vatsavai Mandal, Krishna District, holding auctions on 16-1-2009 and entering into an agreement on 28-1-2009 without obtaining approvals from Respondent Nos. 4 & 5 in spite of warning of collapse of Bridge on Munneru Main Channel as arbitrary, illegal, unjust, unconstitutional and contrary to the provisions of AP Minor Mineral concession Rules, 1966 and consequently call for records in auction Notice No. 478/Q/2007, dated 25-12-2008 and direct the respondents to refund the entire bid amount deposited by the petitioner as no quarrying and transportation of sand is permitted and pass such other or orders. Counsel for the Petitioner: SMT.N.SHOBA Counsel for the Respondents: GP FOR REVENUE GP FOR IRRIGATION & COMM. AREA DEVELOPMENT GP FOR MINES & GEOLOGY The Court made the following: ORDER: This writ petition is filed seeking a Mandamus to declare the action of the respondents in issuing Auction Notice No. 478/Q/2007 dated 25.12.2008 notifying the Polampally Sand Reach, Vatsavai Mandal, Krishna District, holding auction on 16.01.2009 and entering into an agreement on 28.01.2009 without obtaining approvals from respondent 4 and 5 in spite of warning of collapse of Bridge on Munneru Main Channel as arbitrary, illegal, unjust, unconstitutional and contrary to the provisions of AP Minor Mineral concession Rules, 1966; consequently to call for records in Auction Notice No. 478/Q/2007 dated 25.12.2008 and direct the respondents to refund the entire bid amount deposited by the petitioner as no quarrying and transportation of sand is permitted. 2. It appears that the petitioner participated in the auction in pursuance to the notification issued by the Assistant Director of Mines and Geology, Nandigama dated 25.12.2008 and was declared as highest bidder for the sand quarry operations for Polampally Sand Reach, Vatsavai Mandal, Krishna District. The petitioner also paid an amount of Rs.55,25,250/- towards bid amount and another amount of Rs.5,90,301/- towards security deposit and entered into an agreement on 28.01.2009. Thereafter, work order for operating quarry was also issued with effect from 28.01.2009 but in view of the fact that bridge Munneru Main Channel, which is the only means for transportation, is very weak and old to bear the heaviness of sand lorries, the petitioner is not permitted to carry the sand over that bridge. Therefore, he is not able to continue with quarry operations. 3. Learned Government Pleader appearing for Irrigation and Command Area Development stated that even before conducting auction, the respondent authorities were informed about the fragility of the bridge and that it may not be desirable to permit passing of heavy loads like sand lorries etc. 4. This fact also seems to be within the knowledge of the authorities, which auctioned the sand reach; but when the petitioner expressed his helplessness and sought for refund of the amount deposited the same was not considered. 5. Under those circumstances, the Assistant Director of Mines and Geology – seventh respondent is directed to consider refund of the amounts deposited by the petitioner towards the sand quarry for the reach at Polampally, Vatsavai Mandal, Krishna District and pass appropriate orders within a period of two (2) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner. The writ petition is accordingly disposed of. There shall be no order as to costs. ____________ C.V. RAMULU, J February 26, 2009 DSK