IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE FIFTEENTH DAY OF JULY, TWO THOUSAND TEN WRIT PETITION No.17340 of 2004 Between: M.V.Subba Reddy and another. … Petitioners And: State of Andhra Pradesh, reptd., by its Principal Secretary to Government, Industries and Commerce Department, Secretariat, Hyderabad and others. … Respondents Counsel for the petitioners: Sri Abhinand Kumar Shavili. Counsel for the respondents: None This Court made the following: ORDER:- This Writ Petition is filed for the following substantive relief: “…to issue a Writ of Mandamus to: A) Declare the action of the respondent No.4 i.e., the District Level Sand Auction Committee, East Godavari District, Kakinada, represented by its District Panchayat Officer-cum-Member Convener in seeking to conduct the auction for collection of seignorage fee for quarrying sand contrary to the requirements of Andhra Pradesh Minor Mineral Concession Rules, 1966 as illegal; B) Direct the respondents to conduct the auctions for grant of lease-hold rights for quarrying sand by strictly complying with the entire requirements of the Andhra Pradesh Minor Mineral Concession Rules, 1966 including collection of the 25% of the upset price as earnest money deposit which is liable to be forfeited in case of default committed by the highest bidder; C) Further direct the respondents No.1 and 2 to conduct the enquiry into the illegalities committed by way of non- execution of lease deeds, not insisting upon the 2% security deposit and flood bank deposit of Rs.20,000/- from the leaseholder in East Godavari District in the past 3 years and fix the accountability for the same on the officials found responsible for the same; D) Further direct the Accountant General, Andhra Pradesh to ensure that the loss causes to the exchequer due to the illegal sand auctions from the past 3 years to be recovered from the officials found responsible for the same; E) Consequently, direct the respondents to ensure that the auctions for grant of lease-hold rights for quarrying sand in East Godavari for the year 2004-2005 shall be strictly carried out in conformity and requirement with the Andhra Pradesh Minor Mineral Concession Rules, 1966 and to conduct the same till such time the said conditions are complied with fully.” At the hearing, Sri Abhinand Kumar Shavili, learned counsel for the petitioners, submitted that the cause in the Writ Petition does not survive for consideration and that the Writ Petition may be dismissed as infructuous. In view of the same, the Writ Petition is dismissed as infructuous. ---------------------------------------- - C.V.NAGARJUNA REDDY,J Date:15-7-2010 MNR