IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 6533 of 2008 Between: Alluri Subba Raju & Company, rep. by its Managing Partner sri A. Ashok, S/o. Subba Raju No.8-22-215/5, Datla Street, Gandhinagar, Kakinada, East Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Secretary, Department of Mines & Geology, D. Block, Secretariat Buildings, Hyderabad. 2 The Director of Mines & Geology, 8th Floor, BRKR Buildings, Hyderabad. 3 The District Level committee, East Godavari District, rep. by its Chairman & Joint Collector, Kakinada. 4 The ADMG & Member Convener of DLC, Rajahmundry, East Godavari District. 5 The Executive Engineer, Godavari Head Works Division, Dowlaswaram, Rajahmundry, East Godavari District. .....RESPONDENT(S) 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 to issue an order or writ one in the nature of writ of Mandamus declaring the action of the respondents in not granting non operation of 107 days of Reach No.5, Alamuru, East Godavari District and action of the first respondent in not passing orders in Revision Application dated 03.03.2008 and proceeding to issue auction notification to the Reach No.5, Alamuru along with other Reaches in the District as arbitrary, illegal, unjust and contrary to the Provisions of A.P.M.M.C. Rules 1996 and Mines and Minerals (D&R) Act, 1957 and pass Counsel for the Petitioner:SMT.N.SHOBA Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : W.P.NO. 6533 OF 2008 ORDER: According to the petitioner, he participated in the auction for Alamuru sand reach No. 5 and he was the highest bidder. He was granted lease for a period of two years subject to fulfillment of certain conditions. He complied with the conditions, but due to non-feasibility of the ramp notified, the petitioner could not operate the quarrying for a period of 107 days. Therefore, the petitioner made a representation to the 4th respondent for refund of the amount for non-operation period of 107 days. But the petitioner received a notice asking him to deposit the lease amount for 2nd year. Questioning the same, the petitioner preferred a revision before the 1st respondent on 3.3.2008, but it has not been disposed of. As the respondents-authorities are trying to issue a fresh auction notification, the petitioner approached this Court and filed the present writ petition. Heard the learned counsel for the petitioner as the learned Government Pleader for Mines and Geology. Having regard to the fact that the revision application dt. 3.3.2008 is pending consideration, it is unnecessary for this Court to go into the various aspects raised by the petitioner. It is suffice to direct the first respondent to decide the revision application in accordance with law within a period of six weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No costs. ____________________________ GOPALA KRISHNA TAMADA, J Dt.27.3.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, rep. by its Secretary, Department of Mines & Geology, D. Block, Secretariat Buildings, Hyderabad. 2 The Director of Mines & Geology, 8th Floor, BRKR Buildings, Hyderabad. 3 The District Level committee, East Godavari District, rep. by its Chairman & Joint Collector, Kakinada. 4 The ADMG & Member Convener of DLC, Rajahmundry, East Godavari District. 5 The Executive Engineer, Godavari Head Works Division, Dowlaswaram, Rajahmundry, East Godavari District. 6. 2 CCs to GP for Mines & Geology, 7. 2 CD copies Form-NIC-OGS/WP{MSN}