IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TEN :PRESENT: THE HON'BLE SRI JUSTICE N.V. RAMANA WP .NO:24999 of 2010 Between: Bellamkonda Krishna Rao, S/o. Tirupathaiah, ..... Petitioner AND 1 The Government of Andhra Pradesh, Reptd. by its Secretary Industries & Commerce (SPIU & SAND) Department, Secretariat Building, Hyderabad. 2 The Director, Department of Mines & Geology 8th Floor, BRKR Bhavan, Tank Bund, Hyderabad. 3 The District Level Committee for Sand Auctions, Rep. by its Chairman cum Joint Collector, Krishna District, Machilipatnam. 4 The Assistant Director of Mines & Geology cum Member Convener District Level Committee for Sand Auctions, Vijayawada, Krishna District. 5 Y. Vidyasagar, S/o. Venkateswar Rao D/o. 54-14/5-5, R/o. Srinivasa Nagar Bank Colony, Vijayawada, Krishna District. .....Respondents Petition under Article 226 of the Constitution of India, praying that in the circumstances stated in the petition and the affidavit filed in WP, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS by declaring the action of the respondent Nos. 1 to 4 in giving exemption to the 5th respondent from payment of the total lease amount and permitting the 5th respondent to conduct sand quarry operations from Madduru Sand Reach, Kankipadu Mandal, Krishna District without collecting entire second year lease amount with 20% enhancement on the first year bid amount i.e. Rs.2,12,00,000/- as illegal, arbitrary, abuse of power and in violation of the A.P. Minor Mineral Concession Rules and consequently direct the respondent Nos. 1 to 4 to collect the second year lease amount with 20% enhancement on the first year bid amount of Rs. 2,12,00,000/- from the 5th respondent in order to permit him to continue the sand quarry operations; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein, upon perusing the order of the High Court dated 12.11.2010 made herein and upon hearing the arguments of Sri Kanakamedala Ravindra Kumar, Advocate for the Petitioner, and of the G.P. for Industries & Commerce, for the Respondent No.1, and of G.P. for Mines & Geology, for the Respondents No.2 to 4, and of Sri C.V.R.Rudra Prasad, Advocate for the Respondent No.5, the Court made the following. -2- ORDER: “Learned Government Pleader for Mines and Geology produced before this Court a copy of the circulation note submitted to the Government by the Director of Mines and Geology, on the lapses on the part of the Assistant Director of Mines and Geology and the Chairman of DLSC, and requesting the Government to take necessary action. He submits that pursuant thereto, the Government issued G.O.Rt.No.719 dated 19.11.2010, placing Sri R. Golla, Assistant Director of Mines and Geology, Vijayawada, under suspension, a copy of which is also produced before this Court, and that the matter against the Chairman of DLSC is under consideration. He also produced copy of page No.19 of the note file containing paragraph 162, which would indicate that the Director of Mines and Geology was also directed to stop the quarrying immediately under Rule 9-K (3) of A.P. Minor Mineral Concession Rules, 1966, pending further orders from the Government. Learned Government Pleader seeks further time to report this Court about the action taken against the other officials. In the circumstances, list the matter on 03.12.2010. ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1 The Secretary, Industries & Commerce (SPIU & SAND) Department, Government of Andhra Pradesh, Secretariat Building, Hyderabad. 2 The Director, Department of Mines & Geology 8th Floor, BRKR Bhavan, Tank Bund, Hyderabad. 3 The Chairman cum Joint Director, District Level Committee for Sand Auctions, Krishna District, Machilipatnam. 4 The Assistant Director of Mines & Geology cum Member Convener District Level Committee for Sand Auctions, Vijayawada, Krishna District. 6.Two CCs to G.P. for Mines & Geology, High Court of A.P., Hyderabad (OUT) 7. Two CCs to G.P. for Industries & Commerce, High Court of A.P., Hyderabad (OUT) 8. One CC to Sri Kanakamedala Ravindra Kumar, Advocate (OPUC) 9. One CC to Sri C.V.R.Rudra Prasad, Advocate 10. One Spare Copy H.A. HIGH COURT NVRJ DATE: 25-11-2010 LIST THE MATTER ON 03.12.2010 ORDER : WP. NO. 24999 OF 2010 DIRECTION