THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.342 OF 2010 DATE:20.01.2010 Between: Alluri Subbaraju & Company, represented by its Authorised Representative, Kakinada, East Godavari District. … Petitioner And The District Level Committee (Sand Auction), represented by its Chairman & Joint Collector, West Godavari District at Eluru and others … Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.342 OF 2010 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of the 3rd respondent in refusing to issue way-bills for transportation of sand in Package No.2, GLB, Kms.35.000 to 55.000 kms. at Kulla, Kotipalli, Kota, and Masakapalli, Gangavaram Mandal of East Godavari District, as illegal and arbitrary. 2. When the matter is taken up for hearing, the learned counsel for the petitioner as well as the learned Assistant Government Pleader for Mines and Geology have fairly conceded that the subject matter of this writ petition is squarely covered by an order dated 31.12.2009 of this Court in W.P.No.29127 of 2009, and submitted that similar orders may be passed in this writ petition also. The operative portion of the said order reads as under: “In the show-cause notice issued, it is stated that the explanation should reach the Assistant Director of Mines and Geology, Rajahmundry, within 15 days from the date of receipt of the notice, failing which, further necessary action will be initiated, as per Rules, treating that they do not possess any explanation to offer. In the light of the facts and circumstances, this Court is of the considered opinion that the writ petition be disposed of giving opportunity to the petitioner to file explanation forthwith and let the respondents consider the same, in accordance with law, within a period of two weeks and pass appropriate orders. Till then, the petitioner be permitted to carry on the operations.” 3. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _______________________________ GOPALA KRISHNA TAMADA, J 20th January, 2010 cbs THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.342 OF 2010 (Disposed of) 20th January, 2010 cbs 3. This writ petition is filed for a writ of mandamus declaring action of respondent No.2 in interfering with petitioner’s right to conduct quarry operations in respect of Reach No.37 at Ankampalem Vilage, Atreyapuram Mandal, East Godavari District, despite holding the lease till 31.03.2011 as arbitrary, illegal and violative of principles of natural justice against the procedure contemplated under the Andhra Pradesh Minor Mineral Concession Rules, 1966 and violative of the Fundamental Rights guaranteed under Articles 14 and 19 of the Constitution of India and consequently to direct the respondents not to interfere with petitioner’s right to conduct quarry operations and pass such other suitable orders. 4. Several facts had been narrated in the affidavit filed in support of the writ petition. 5. In the show-cause notice issued, it is stated that the explanation should reach the Assistant Director of Mines and Geology, Rajahmundry within 15 days from the date of receipt of the notice, failing which further necessary action will be initiated as per rules treating that they do not possess any explanation to offer. 6. In the light of the facts and circumstances, this Court is of the considered opinion that the writ petition be disposed of giving opportunity to the petitioner to file explanation forthwith and let the respondents consider the same in accordance with law, within a period of two weeks and pass appropriate orders. Till then the petitioner be permitted to carry on the operations. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.