IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 7256 of 2008 Between: The Damuluru Boatsmen and Sand Loading Unloading Labour Contract Co-operative Society Ltd., NO.G.3111, Damuluru, Ibrahimpatnam Mandal, Krishna District, rep. by its President Mr. Chinta Veeranjaneyulu, S/o. Sivashankar Rao, Aged 30 years, Occ: Coolie, R/o. D.No.11-125, Ibrahimpatnam (Ferry), Krishna District - 521456. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Industries and Commerce (M.I.) Department, Secretariat Building, Hyderabad, rep. by its Secretary. 2 The District Level Committee for Sand Auctions, Krishna District, rep. by its Chairman-cum-Joint Collector, Krishna. 3 The Assistant Director of Mines and Geology, Vijayawada cum Member Convenor, District Level Committee for Sand Auctions, Krishna District. .....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 appropriate writ, order or direction, more particularly one in the nature of writ of mandamus, declaring action of the respondents in conducting auction on 27.03.2008 pursuant to the Auction Notice No.478/Q/2007 dated 07.03.2008, issued by the 3rd respondent in respect of Sl.No.1, Ibrahimpatnam Sand Reach, Ibrahimpatnam Mandal, Krishna District, contrary to the order of this Hon'ble Court dated 24.03.2008 made in W.P.No.6103 of 2008, as arbitrary, illegal, colourable exercise of power, violative of the A.P. Minor Mineral Concession Rules, 1966, apart from being violative of the Fundamental Rights guaranteed under Articles 14 and 19(1)(g) of the Constitution of India and consequently direct the respondents not to grant leashold rights in favour of third parties without considering the right of the petitioner and pass Counsel for the Petitioner:MR.C.V.R.RUDRA PRASAD Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION No. 7256 of 2008 ORAL ORDER: Apprehending that in transgression of the preferential right of registered boatmen cooperative society and in the context of the petitioner being one such society, the 2nd respondent would pursuant to an auction conducted on 27-03-2008 grant quarry lease for Sl.No.1, Ibrahimpatnam Sand Reach, Ibrahimpatnam Mandal, Krishna District, to an individual or society not having any such preferential right, the writ petition is filed. Neither in the pleadings nor in the oral arguments today does the petitioner state that quarry lease has already been granted and formal orders to that effect issued by the 2nd respondent to any disentitled individual or society in supercession of the petitioners claims. In the circumstances the writ petition is premature and is accordingly dismissed. The petitioner is however at liberty to pursue appropriate remedies as and when an order is passed by the 2nd respondent granting a lease. No order as to costs. __________________ GODA RAGHURAM,J 3rd APRIL,2008 *TSNR