IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 2841 of 2008 Between: Didugu Sand & Boat Workers Coop. Society Ltd., S/o. Koti Reddy Didugu rep. by its President K. Venkatarami Reddy R/o. Didugu Village, Amaravathi Mandal, Guntur District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Secretary, Industries and Commerce Department, Secretariat, Hyderabad. 2 The District Level Committee rep. by its Chairman and Joint Collector, Guntur District. 3 The Assistant Director of Mines and Geology and member Convenor, District Level Committee Guntur 4 N. Vijay Sagar Babu S/o. Not Known Sarpanch Amaravathi Gram Pancchayat, R/o. Amaravathi, Guntur 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 issue an order or writ one in the nature of writ of Mandamus, declaring the action of the respondents in Memo No.1976 / SPIU & SAND / 2008-1, dt. 11-02-2008 staying the auction scheduled on 14-02-2008 for Amaravathi Mandal (Reach Nos.12, 13 & 14) as arbitrary, illegal, unjust and unconstitutional being in violation of Principles of Natural Justice and consequently call for records in Memo No.1976/SPIU & SAND / 2008-1, dt. 11-02-2008 and set aside the same. Counsel for the Petitioner: SMT.N.SHOBA Counsel for the Respondent No.: GP FOR INDUSTRIES & COMMERCE The Court made the following : Form-NIC-OGS/WP{TRT} O R D E R:- This writ petition is filed seeking a mandamus to declare the Memo dated 11.2.2008 issued by the 1st respondent staying the auction scheduled to be held on 14.2.2008 in respect of Sand Reach Nos.12, 13 & 14 of Amaravathi Mandal, Guntur District, as arbitrary and illegal. The petitioner is Didugu Sand & Boat Workers Cooperative Society Limited, registered under the Societies Act. The 3rd respondent- Asst. Director of Mines and Geology issued a Notification dated 24.1.2008 inviting tenders from the eligible candidates for the purpose of leasing out the right of quarrying for Sand bearing areas i.e. in Reach Nos.12, 13 and 14 of Amaravathi Mandal, Guntur District. As per the Notification, auction was to take place on 14.2.2008. The petitioner-society, which is engaged in the business of sand quarry, submitted its Tender Form on 11.2.2008 including an amount equivalent to 25% of the upset price. However, the 4th respondent made a representation, dated. 6.2.2008 to suspend the proposed auction of the Reach Nos.12, 13 and 14. Now, the petitioner’s grievance is that based on the 4th respondent’s representation, the 1st respondent issued impugned Memo dated 11.2.2008 staying all the proceedings with regard to the conduct of an auction in respect of sand quarry in Reach Nos. 12, 13 and 14. Heard the learned counsel for both the parties and perused the material placed on record. Having considered the arguments advanced by all the counsel, this Court feels it unnecessary to go into various aspects of the case having regard to the fact that the 1st respondent-Government is seized of the matter. Apparently, the orders staying the auction scheduled to be held on 14.2.2008, is at the instance of the 4th respondent. I find force in the submission made by the learned counsel for the petitioner that the petitioner tendered 25% of the total bid amount, and thus it is deprived of the money which is under deposit and the quarry lease for no fault of the petitioner. Hence, this Court deems it appropriate to direct the 1st respondent-Government to consider the 4th respondent’s representation and pass appropriate orders in accordance with law, within a period of ten days from the date of receipt of a copy of this order. This exercise shall be done only after affording the petitioner and the 4th respondent an opportunity of being heard. In terms of the above direction, this writ petition is disposed of. No costs. _______________ 28.03.2008 Note: Furnish copy by Monday. B/o bcj