IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE R. KANTHA RAO WRIT APPEAL NOs.1405 and 1464 of 2008 And WRIT PETITION NO.23211 OF 2008 1. W.A.No.1405 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 24.10.2008 in W.P.NO.23211 OF 2008 on the ﬁle of the High Court.) Between: T. Babu Rao S/o. Kotaiah, R/o. D.No.50-7-4-1, S.B.H. Colony, Near Saibaba Temple, Vijayawada, Krishna District. ...APPELLANT AND 1 Mallavarapu Prakash Rao, S/o. M. Lurudhu, R/o. Vijayawada, Krishna District. 2 The Government of Andhra Pradesh, Rep by its Secretary Industries & Commerce, (SPIU & SAND) Department, Secretariat Building, Hyderabad. 3 The Joint Collector-cum-Chairman, of the District Level Sand Committee, Vijayawada, Krishna District. 4 The Director of Mines & Geology, 8th Floor, BRKR Bhavan Tank Bund, Hyderabad. 5 Assistnat Director of Mines and Geology, Vijayawada, Krishna District. ...RESPONDENTS Counsel for the Appellant: MR.M.S.RAMCHANDRA RAO Counsel for the Respondents: GP FOR MINES AND GEOLOGY 2. W.A.NO.1464 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 31.10.2008 in W.P.NO.23211 OF 2008 on the ﬁle of the High Court.) Between: Mallavarapu Prakash Rao, S/o. M.Lurudhu, R/o. Vijayawada, Krishna District. ...APPELLANT AND 1 The Government of Andhra Pradesh, Rep by its Secretary Industries & Commerce, (SPIU & SAND) Department, Secretariat Building, Hyderabad. 2 The Joint Collector-cum-Chairman, of the District Level Sand Committee, Vijayawada, Krishna District. 3 The Director of Mines & Geology, 8th Floor, BRKR Bhavan Tank Bunk, Hyderabad. 4 The Assistnat Director of Mines and Geology, Vijayawada, Krishna District. 5 T.Babu Rao, S/o. Kotaiah, R/o. Door.No.50-7-4-1, S.B.H.Colony, Near Saibaba Temple, Vijayawada, krishna District. ...RESPONDENTS Counsel for the Appellant: SMT.N.SHOBA Counsel for the Respondents: GP FOR MINES AND GEOLOGY 3. W.P.NO.23211 of 2008 Between: Mallavarapu Prakash Rao, S/o. M.Lurudhu, R/o. Vijayawada, Krishna District. ...PETITIONER AND 1 The Government of Andhra Pradesh, Rep by its Secretary Industries & Commerce, (SPIU & SAND) Department, Secretariat Building, Hyderabad. 2 The Joint Collector-cum-Chairman, of the District Level Sand Committee, Vijayawada, Krishna District. 3 The Director of Mines & Geology, 8th Floor, BRKR Bhavan Tank Bunk, Hyderabad. 4 The Assistnat Director of Mines and Geology, Vijayawada, Krishna District. 5 T.Babu Rao, S/o. Kotaiah, R/o. Door.No.50-7-4-1, S.B.H.Colony, Near Saibaba Temple, Vijayawada, 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 order or writ one in the nature of writ of Mandamus, declaring the action of the ﬁrst respondent in issuing the Memo No.14243/SPIU & Sand/2008/1 Dated 18-10-2008 by staying the auction notiﬁcation No.772/Q/2007, dated 14-10-2008 issued by the Assistant director of Mines and Geology, Vijayawada, as arbitrary, illegal, unjust, unconstitutional, violative of Rule 9- B of the A.P.M.M.C. Rules, 1966 and opposed to the public policy and consequently call for the records and set aside the same and direct the oﬃcial respondents herein to hold the auction as scheduled as per notiﬁcation issued on 14.10.2008. Counsel for the Petitioner: SMT.N.SHOBA Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court delivered the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE R.KANTHA RAO WRIT APPEAL NOs.1405 and 1464 of 2008 And WRIT PETITION NO.23211 of 2008 COMMON JUDGMENT: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard both the sides. At their request and since these two appeals arise out of same proceedings; they are taken up together for disposal at the admission stage. Further, having regard to the fact that these appeals arise out of the interlocutory proceedings in W.P.No.23211 of 2008 and the revision itself is pending for disposal, the Writ Petition is also taken up for disposal along with these appeals. The main grievance in these matters is in regard to the entitlement for the continuance of lease for exploration by the appellant in W.A.No.1405 of 2008, which is being opposed by the appellant in W.A.No.1464 of 2008, apart from several other objections including the maintainability of the revision in the detriment of their interest. Admittedly, the revision is pending before the ﬁrst respondent at the instance of the appellant in W.A.No.1405 of 2008, where stay has been granted in respect of auction, which is sought to be conducted. Since, all these questions have to be necessarily gone into in the said revision and the proceedings in the Writ Petition, it is not proper for this Court to go into the merits either way. Hence, we refrain from going through the same, leaving open for all such questions to be gone into in the revision, as requested by the learned counsel on either side. Both the appeals and the Writ Petition are, accordingly, disposed of directing the ﬁrst respondent to dispose of the revision within a period of ten {10} days from today. We make it clear that the stay of auction is granted pending disposal of the said revision. We also make it clear that any interim order granted by this Court or by the learned Single Judge shall not remain in force. We leave it open that all the questions can be canvassed in the said revision and the revision shall be disposed of on merits in accordance with law. The parties are at liberty to ﬁle appropriate memos before the Government for taking up the case at the earliest. _________________ (B.PRAKASH RAO, J) ________________ (R.KANTHA RAO, J) 7th November 2008 RRB