HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.20977 OF 2011 ORDER: This writ petition has been instituted complaining of the inaction on the part of the first respondent-State Government and the second respondent-Director of Mines and Geology in not considering and dealing with the representation said to have been submitted by the writ petitioner society on 05.07.2011 seeking grant of temporary permits, to be accorded to the fourth respondent-Andhra Pradesh Mineral Development Corporation Limited, Hyderabad, for quarrying sand from Reach No.9, Atchampeta Mandal, for a period of sixty days in accordance with Rule 9M of the Andhra Pradesh Minor Mineral Concession Rules, 1966, so that the writ petitioner society will be able to avail the benefit of quarrying sand from the fourth respondent. 2. It is submitted that sand Reach No.9 is notified falling within Atchampeta Mandal limits of Guntur District and it is reserved for Boatsmen Cooperative Societies. In the auctions that were conducted on 30.07.2010, another society bearing name Atchampeta Mandal All Castes Sand and Boat Workers Cooperative Society emerged as the highest bidder and it was granted the leasehold rights up to 31.03.2012. However, the said society has failed to deposit the lease amount for the second year and consequently the quarry operations even stopped with effect from 15.05.2011. In those set of circumstances, it is stated that the petitioner society has filed an application with the State Government on 05.07.2011 seeking temporary permits. Rule 9M of the Andhra Pradesh Minor Mineral Concession Rules allows temporary permits to be granted. 3. It is open to the respondents to put the balance period of the lease hold for quarrying sand up to 31.03.2012 for auction or take alternative steps for granting temporary permits duly following the procedure spelt out under Sub Rule 2 of Rule 9M. The Director of Mines and Geology is the competent authority to order for issuance of temporary permits in any area, pending finalization of auctions on nomination basis to Andhra Pradesh Mineral Development Corporation, the fourth respondent herein who in turn will pay the Seigniorage Fee at the rate prescribed in Rule 10, duly maintaining round the clock check point. The power under Rule 9M is liable to be exercised only by the State Government. It is therefore appropriate for the State Government to take all such immediate measures to ensure that for the balance period of up to 31.03.2012, leasehold rights are put to public auction. Since it will consume little more time, it is only appropriate that the application for grant of lease hold rights for a period not exceeding sixty days may be granted in favour of Andhra Pradesh Mineral Development Corporation which in turn will pay the necessary Seigniorage Fee and permit such societies, including the writ petitioner society which will appropriately compensate the fourth respondent. Let a decision in this regard be taken by the State Government within seven days from the date of receipt of copy of this order. 4. Thus, the writ petition stands disposed of. No costs. ___________________________________ Justice Nooty Ramamohana Rao 17-08-2011 Note: Copy in three days B/o SP HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 20977 OF 2011 17-08-2011 SP