THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.1731 OF 2010 ORDER: 1 The petitioner is the highest bidder in the auctions conducted on 23.06.2008 for grant of leasehold rights of ordinary sand quarry. As directed by the District Collector the petitioner paid the entire bid amount on 11.07.2009 and submitted all the relevant papers to the third respondent for the purpose of execution of the lease deed. The third respondent took an objection stating that the lease amount, which was paid on 11.07.2009 is not in time and as such he refused to execute the lease deed and advised the petitioner to approach the second respondent seeking permission to condone the said delay. Accordingly the petitioner approached the second respondent and the second respondent condoned the said delay and extended the lease period up to 31.03.2010. In the light of the said lease granted in favour of the petitioner he is carrying on the quarrying operations and gave a representation dated 27.08.2009 to the authorities to permit him to quarry for further period of 86 days as he could not carry on quarrying operations for those 86 days. As the said representation is not considered, he approached this court and filed the present Writ Petition. 2 Apparently, the petitioner could not carry on quarrying operations for a period of 86 days. Whether the said non operation period is to be included or excluded is within the domain of the first respondent. 3 It is the contention of the learned Assistant Government Pleader that as per the judgment of a Division Bench of this Court, the extension for non operation periods cannot be permitted. However, as observed above, it is for the first respondent to take appropriate decision as to whether the said non operation period can be accepted or not. 4 Accordingly this Writ Petition is disposed of with a direction to the respondents to consider the said representation dated 27.08.2009 submitted by the petitioner for grant of permission to quarry the sand from Godavari River of Sarapaka Sand Reach, Khammam District for a period of 86 days on or before 31.03.2010. No costs. ------------------ 02.02.2010 Kvsn