IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 10961 of 2009 Between: Yarlagadda Koteswara Rao S/o.Venkataramaiah R/o.5-19, Mulakalapalli Lanka, Iluru Village, Thotlavalluru Mandal, Krishna District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Industries & Commerce (SPIU & SAND) Department, Secretariat Building, Hyderabad, represented by its Secretary. 2 The Director, Department of Mines and Geology, 8th Floor BRKR Bhavan, Tank Bund, Hyderabad. 3 The District Level Committee for Sand Auctions Krishna District, represented by its Chairman cum Joint Collector, Krishna District. 4 The Assistant Director of Mines & Geology cum Member Convener, District Level Committee for Sand Auctions, Vijayawada, Krishna District. 5 A.V. Ramanaiah S/o.Sri Venkataiah R/o.Door No.76-14-242/1A, Bhavanipuram, Vijayawada, 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 issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents 1 to 4 in seeking to grant leasehold rights to quarry sand at Iluru Sand Reach, Thotlavallur Mandal of Krishna District in favour of the 5th respondent in pursuance to the auction notice No.772/Q/2007 dated 20.1.2009 issued by the 4th respondent as arbitrary, illegal and contrary to the A.P. Minor Mineral Concession Rules, 1966, colourable exercise of power and favourtism shown to the 5th respondent and set aside the auction notice dated 20.1.2009 and consequently direct the respondents 1 to 4 to conduct fresh auctions to Iluru Sand Reach, Iluru village, Thotlavalluru Mandal, Krishna District as per law. Counsel for the Petitioner : Sri Andapalli Sajeev Kumar for Sri A. Yadava Reddy Counsel for the Respondents: GP for Industries & Commerce The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) The learned advocate for the petitioner seeks permission to withdraw the petition so as to enable the petitioner to implead himself as a respondent in Writ Petition Nos. 2040 and 2528 of 2009. Permission is granted. The petition stands disposed of as withdrawn with no order as to costs. ANIL R. DAVE, CJ RAMESH RANGANATHAN, J 5th June, 2009 ks