THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.31609 of 2010 ORDER: This writ petition is filed seeking to set aside notification bearing No.1444/Sand/2007-3, dated 02.12.2010, issued by the respondents for sale of leasehold rights for quarrying sand so far as Husgal Reach, Bichukonda Mandal, Nizamabad District is concerned. Previously, the fourth respondent - Assistant Director of Mines and Geology, Nizamabad, issued notification bearing No.1444/Sand/2010, dated 14.05.2010, for sale of leasehold rights for quarrying sand by means of sealed tenders cum public auction. As per the said notification, auction was scheduled to be held on 03.06.2010. Some third parties have approached the Human Rights Commission complaining that if auctions were allowed to go on for sale of leasehold rights for quarrying sand, it would duly result in depletion of ground water level. It is stated that in view of the directions issued by the Human Rights Commission, auction could not be held on 03.06.2010. Now, the impugned notification was issued on 02.12.2010 for five reaches including Husgal Reach of Bichukonda Mandal. It is the case of the petitioner that he has already submitted a representation to consider his bid pursuant to the impugned notification and in spite of the same, no action has been taken. On instructions, it is submitted by the learned Government Pleader for Mines and Geology appearing for the respondents that as the auction was not conducted pursuant to the notification, dated 14.05.2010, all 68 bidders of five reaches were addressed to take back their Earnest Money Deposit (EMD) amount of Rs.3,00,000/- and about 60 persons have already taken back their EMD amount but the petitioner has not taken steps for his own reasons. It is also submitted that as the petitioner has not submitted any bid pursuant to the impugned notification by paying requisite amount, his case cannot be considered in pursuance thereof. I have perused the letter bearing No.1444/Sand/2007, dated 18.09.2010, addressed by the fourth respondent to the petitioner requesting him to take back the EMD amount from their Office. The petitioner has not taken the EMD amount in spite of the letter addressed by the fourth respondent. Merely because he submitted a representation to consider his bid by itself is no ground to invalidate the impugned notification so far as Husgal Reach, Bichukonda Mandal, Nizamabad District, is concerned. As no grounds are made out to interfere with the impugned notification, I do not find any merit in this writ petition. The writ petition is accordingly dismissed. However, it is made clear that if the petitioner approaches the respondents for refund of the EMD amount, which is already deposited pursuant to the earlier notification, the respondents are under obligation to consider his case and pay back the said amount immediately. No order as to costs. ______________________ R.SUBHASH REDDY, J 15th DECEMBER, 2010. kvni