IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8241 of 2008 Between: G.V.V.Subba Rao, S/o. Govinda, R/o. D.No.69-7-17, Rajendra Nagar, Kakinada, East Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep by Secretary, Industries and Commerce Department, Secretariat, Hyderabad. 2 The District Collector, Kakinada, East Godavari District. 3 The Assistant Director of Mines and Geology, Member Conveor-cum-Assistant Director, Mines and Geology, Rajamundry,E.G.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 demanding to deposit second year lease period 45 days prior to 31.03.2008 and in restraining the period of 1st year from 01.12.2007 to 31.03.2008 and 2nd year to 31.03.2009 when the agreement is for two years, for quarrying sand at Reach No.28, Inavillilanka, Veeravallipalem, Gowthami Righat Flood Bank from 45/000 kms to 51/000 kms ramp at 47.260 kms, East Godavari District as arbitrary, illegal, unjust and contrary to Mines and Minerals (Development & Regulation) Act, 1957 and A.P.Minor Mineral Concession Rules, 1966 Counsel for the Petitioner:SMT.N.SHOBA Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : Form-NIC-OGS/WP{LS} O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in demanding the petitioner to deposit the amount for second year lease period 45 days prior to 31.3.2008 and restraining the period of 1st year from 1.12.2007 to 31.3.2008 and 2nd year lease period to 31.3.2009 when the agreement executed is for two years, for quarrying sand at Reach No.28 at Inavillilanka, Veeravallipalem, Gowthami Right Flood Bank, East Godavari District, as arbitrary and illegal. The learned counsel for the petitioner has submitted that the point involved in this writ petition is squarely covered by a common order dated 31.3.2008 passed in W.P.No.2626 of 2008 and batch. This Court made the following observations in the batch of cases: “Inasmuch as the State Government is conferred with the power under Rule 9-K (3) of the Rules to issue orders/clarifications, if any, not specifically mentioned in implementation of the Rules and since the point involved in all these writ petitions is as to whether the amount deposited by the petitioners for first year i.e. upto the end of 31.3.2008 is to be reckoned as the amount for one year (12 months) and consequently enhance the said amount by 20% towards the lease amount for the second year commencing from 1.4.2008 to 31.3.2009, this Court is not inclined to go into the various contentions raised by the learned counsel for the petitioners. As the State Government is conferred with the power under Rule 9-K(3) of the Rules, to clarify and decide such issues, it is suffice to direct the Government to decide the said issue at an early date preferably within a period of two weeks from today. However, as the lease is for a period of two years commencing from different dates upto 31.3.2009, the petitioners shall be permitted to proceed with the quarrying of sand at the reaches, to which they are the lessees, on their paying/depositing the original lease amount along with 20% enhancement as stipulated under Rule 9-P of the Rules as amended as per G.O.Ms.No.84 Industries & Commerce (M.I) Department, dated 10.4.2007.” This Court, having gone through the common order dated 31.3.2008 and the material facts of this case, is thoroughly satisfied that this matter is squarely covered by that common order. Hence, this writ petition is disposed of in terms of the observations made in W.P.No.2626 of 2008 and batch. No costs. ______________ 16.04.2008 Note: Issue operative portion by wire at party’s cost B/o bcj