IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 7502 of 2008 Between: Chirumamilla Srinivasa Rao S/o.Lakshmipathi R/o.Chandrlapadu Post and Village, Nandigama Mandal, Krishna District. ..... 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 Dsitrict, rep. by its Chairman-cum-Joint Collector, Krishna. 3 The Director, Department of Mines and Geology, 8th floor, BRKR Bhavan, Tank Bund, Hyderabad. 4 The Assistant Director of Mines and Geology, Vijayawada cum Member Convenor, District Level Committee for Sand Auctions, Krishna District. 5 G.Bapaiah So.Dasaradha Ramaiah R/o.Kethaveerunipadu village, Nandigama Mandal, Krishna 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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo No. 6852/SPIU & SAND/2007-3 dated 14.2.2008 issued by the 1st respondent and the consequential Memo No. 42314/R9/2008, dated 25.2.2008, issued by the 3rd respondent resulting in passing of theorder by the 4th respondent in proceedings No.Q/2007 dated 26.2.2008 in favour of the 5th respondent granting extension of lease period for quarrying sand at Damuluru Sand Reach, Ibrahimpatnam Mandal, Krishna District, as arbitrary, illegal, contrary to Rule 9-L of the A.P. Minor Mineral Concession Rules, 1966, without jurisdiction, favouritism shown to the 5th respondent ignoring the public interest and consequently direct the 5th respondent not to conduct quarry operations and pass such other order or orders. Counsel for the Petitioner:MR.ANDAPALLI SANJEEV KUMAR Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) The issues raised in this petition are similar to the one raised in W.P.No. 11747 of 2008, which had been ﬁnally disposed of on 11-8-2008. By virtue of the impugned order, respondent No.5 was granted extension of lease for sand quarry for the reason that during the period when the quarry lease of respondent No.5 was in existence, he was prevented from doing quarrying work, because a road was being laid. As the 5th respondent could not legitimately go on with quarrying work for a particular period, by virtue of the impugned order, necessary extension has been granted so as to see that the duration of the lease period is completed. The aforestated order was challenged in W.P.No. 11747 of 2008, which has been dismissed as the extension granted by virtue of the impugned order was just and proper. This petition has been ﬁled by a person who is interested in getting the quarry lease. At this juncture, in our opinion, the petitioner has no right to challenge the validity of the impugned order, for the reason that no harm is caused to him. It has been submitted at the Bar that in the month of November, 2008, the period of lease in favour of respondent No.5 would come to an end. Needless to say that it will be open to the present petitioner to participate in the auction as and when it is held after completion of the period of lease granted in favour of respondent No.5. We do not want to go into the contention advanced by the learned Advocate for the petitioner to the eﬀect that the authority who granted extension of lease in favour of 5th respondent was not entitled to pass the order of extension under the Rules, for the simple reason that the intention of the authority in extending the lease was only to see that respondent No.5 be given complete period of lease for his quarrying operations. The writ petition is dismissed with no order as to costs. _____________________ ANIL R. DAVE, CJ _________________________ R. SUBHASH REDDY, J 17th September,2008. GRR