IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 7550 of 2008 Between: S.Pullaiah Naidu S/o.Narasimha Murthy R/o.No,4-61-3 Veeravalli Palem, Inavilli Mandal, East Godavari Dist ..... PETITIONER AND 1. Govt of A.P., rep.by its Secretary, Industries & Commerce (Mines) Dept., Hyderabad. 2. The Director of Mines & Geology BRKR Bhavan Hyd 3. The Assistant Director of Mines & Geology, Gandhipuram-3, Rajahmundry, 4 The Collector East Godavari District, Kakinada .....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 an order, direction or writ more in the nature of Mandamus and to quash the impugned notice Lr. No.6186/Sand-(R- 25)/2007 dt.9-1-2008 declaring the action of the respondents in issuing the impugned notice without adopting the due process of law is bad, illegal, arbitrary apart from the same being opposed to principles of natural justice and violation of Articles 14,19, and 21 of the Constitution of India and be pleased to pass such other necessary orders. Counsel for the Petitioner: MR.VENKAT REDDY DONTHI REDDY Counsel for the Respondent No.1: GP FOR INDUSTRIES Counsel for respondents 2 and 3: GP FOR MINES AND GEOLOGY Counsel for respondent No.4: G.P. FOR REVENUE WRIT PETITION NO : 7563 of 2008 Between: S.Rama Krishna Reddy S/o.Late Perreddy R/o.# 8-14-10,Gopala Estates, Gandhi Nagar, Kakinada-500004, District East Godavari, AP ..... PETITIONER AND 1 Govt of AP., rep. by its Secretary, Industry & Commerce (Mines) Dept., Hyderabad 2 The Director of Mines and Geology, BRKR Bhavan, Hyderabad 3 The Assistant Director of Mines and Geology, Gandhipuram-3, Rajahmundry 4 The Collector, East Godavari District, Kakinada .....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 an order direction or writ more in the nature of writ of Mandamus and to quash the impugned Notice Lr.No.6555/Sand (R-19)/2007 dated 9.1.2008 declaring the action of the respondents in issuing the impugned notice without adopting the due process of law is bad illegal, arbitrary apart from the same being opposed to principles of natural justice and violation of Articles, 14,19 and 21 of the Constitution of India and be pleased to pass such other order or orders as this Court deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.VENKAT REDDY DONTHI REDDY Counsel for the Respondent No.1: GP FOR INDUSTRIES Counsel for respondents 2 and 3: GP FOR MINES AND GEOLOGY Counsel for respondent No.4: G.P. FOR REVENUE WRIT PETITION NO : 7591 of 2008 Between: P. Bojjayya Chowdary, S/o. Sri Samba Siva Rao R/o. Vedurla Pally Village, Seetanagaram Mandal, East Godavari District, A.P. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. by its Secretary Industry & Commerce (Mines ) Department, Hyderabad. 2 The Director of Mines and Geology, BRKR Bhavan, Hyderabad. 3 The Assistant Director of Mines and Geology, Gandhipuram-3, Rajahmundry. 4 The Collector, East Godavari District, Kakinada. .....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 an order direction or writ more in the nature of writ of Mandamus and to quash the impugned notice Lr.No. 6211/Sand (R-21)/2007 dt. 9-10-2007 declaring the action of the respondents in issuing the impugned notice without adopting the due process of law is bad illegal, arbitrary apart from the same being opposed to principles of natural justice and violation of Articles 14,19 and 21 of the Constitution of India and be pleased to pass such other necessary orders. Counsel for the Petitioner:MR.VENKAT REDDY DONTHI REDDY Counsel for the Respondent No.1: GP FOR INDUSTRIES Counsel for respondents 2 and 3: GP FOR MINES AND GEOLOGY Counsel for respondent No.4: G.P. FOR REVENUE This Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos. 7550 of 2008, 7563 of 2008 AND 7591 of 2008 COMMON ORDER: As the point involved in these three writ petitions is one and same, these three writ petitions are being disposed of by this common order. Having heard the learned counsel for both the parties, this court is satisfied that the matter is squarely covered by the judgment of this Court dated 31-03-2008 made in W.P.No.2626 of 2008 and batch. Accordingly, these writ petitions are disposed of at the stage of admission, with a direction to consider the case of the petitioners in terms of Rule 9-K (3) of the Rules at an early date, preferably, within a period of two weeks from today. However, as the lease is for a period of two years commencing from different dates upto 31-03-2009, the respondents are hereby directed to permit the petitioners to proceed with the quarrying of sand at the reaches, to which they are the lessees, on their paying/depositing the original lease amount along with 25% enhancement as provided under Rule 9-P of the Rules as amended in G.O.Ms.No.84 Industries & Commerce (M.I.) Department, dated 10-04- 2007. ______________________________ GOPALA KRISHNA TAMADA, J Dt: 08-04-2008 Note: Issue operative portion by Wire at party’s costs. B/o. Rns. To 1. The Secretary, Industries & Commerce (Mines) Dept., Hyderabad. 2. The Director of Mines & Geology, BRKR Bhavan, Hyderabad 3. The Assistant Director of Mines & Geology, Gandhipuram-3, Rajahmundry, 4. The Collector East Godavari District, Kakinada 5. Two CD copies