IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED And THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 22120 of 2008 Between: 1 Cherukuri Venugopal Rao S/o. Venkateswara Rao State Vice President, Rythu Samakhya, R/o. Guntipalli village Ibrahimpatnam Mandal, Krishna District 2 K.V.S. Narayayana S/o. K.H. Prasada Rao R/o. Guntipalli Village, Ibrahimpatnam Mandal, Krishna District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh, rep.by its Secretary, Industries and Commerce Dept., Secretariat, Hyderabad 2 The District Level Committee for Sand Auctions, Krishna District, Machilipatnam, rep.by its member Convener-cum- Assistant Director of Mines and Geology, Vijayawada. 3 The Director of Mines and Geology, BRKR Building 8th floor, Tank Bund, Hyderabad. 4 The Assistant Director of Mines and Geology, Vijayawada, Krishna District. 5 M/s.Anjaneya All Castes Sand Boats Workers and Labour Contract Cooperative Society Limited, Nagayyalanka, Krishna District, rep by its President D.L.Prasad Rao .....RESPONDENTS 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 preferably a writ in the nature of writ of mandamus declaring the action of the 1st respondent in Memo No.10087/SPIU & Sand/2008-1 dated 27.9.2008 and consequential actions of the Respondents 2 to 4 in permitting the 5th Respondent for quarrying the sand in Guntipalli Reach for a further period of 51 days without awaiting for the result of the writ Petition No. 11165 of 2008 before this Hon'ble COurt and SLP (C) NO. 15028 of 2008 before the Hon'ble Supreme Court of India is illegal, arbitrary and unconstitutional and contrary to the A.P. Miner Mineral Concession Rules, and without jurisdiction and consequently call for the records in Memo NO. 10087/SPIU & SAND/2008-1 dt.27.9.2008 and set aside the same. Counsel for the Petitioner : Mr.T.SRIKANTH REDDY Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following : ORDER: (per Hon’ble Sri Justice Ghulam Mohammed) The Writ Petition is ﬁled questioning the action of the respondents 1, 2 and 4 in permitting the 5th respondent to quarry sand in Guntipalli reach for a further period of ﬁfty one days, without awaiting the result of the Writ Petition No.11165 of 2008 before this Court and S.L.P.(C) No.15028 of 2008 before the Hon’ble Supreme Court. It is seen from the record that the matter is already seized by the Hon’ble Supreme Court in S.L.P. (C) No.15028 of 2008 and the Supreme Court had granted interim suspension of the order, dated 22-05- 2008, in W.P.No.11165 of 2008 and the matter is listed for ﬁnal hearing. We are not inclined to entertain this Writ Petition. In the circumstances, the Writ Petition is liable to be dismissed. Accordingly, the Writ petition is dismissed at the stage of admission. _________________________ GHULAM MOHAMMED,J _______________________ P.V.SANJAY KUMAR,J 06th October, 2008 Tsy/Bcs To 1 The Secretary, Government of Andhra Pradesh, Industries and Commerce Dept., Secretariat, Hyderaba.d 2 The Member Convener-cum- Assistant Director of Mines and Geology, District Level Committee for Sand Auctions, Krishna District, Machilipatnam, Vijayawada. 3 The Director of Mines and Geology, BRKR Building 8th floor, Tank Bund, Hyderabad. 4 The Assistant Director of Mines and Geology, Vijayawada, Krishna District. 5 The President, M/s.Anjaneya All Castes Sand Boats Workers and Labour Contract Cooperative Society Limited, Nagayyalanka, Krishna District, 6 Two CCs to the GP for Mines and Geology. 7 Two CD copies