THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.590 of 2008 DATED 28.1.2008 Between: Kodali Dharma Rao. .. PETITIONER Versus The District Collector, Nellore, Nellore District and 3 others. .. RESPONDENTS THE HON’BLE SRI JUSTICE P.S.NARAYANA WRIT PETITION NO.590 of 2008 ORDER: Heard Ms.Vidyavathi, learned counsel representing the writ petitioner and the learned Government Pleader for Industries. 2. Ms.Vidyavathi, learned counsel representing the writ petitioner had taken this Court through the contents of the affidavit filed in support of the Writ Petition and also the proceedings No.61M, dated 4.3.2006 addressed by the Deputy Executive Engineer to O.Murali, the prior lessee, and would maintain that in the facts and circumstances of the case if the relief prayed for in the Writ Petition is not granted, the petitioner would be put to serious loss. 3. Per contra, the learned Government Pleader for Industries would submit that in the facts and circumstances it is not clear whether the prior Rules would be applicable or the present Rules would be applicable, but let the respondents 2 and 4 consider the case of the petitioner and take appropriate decision in this regard. 4. Heard both the learned counsel. 5. The Writ Petition is filed for a Writ of Mandamus declaring the action of the respondents in not providing/authorizing the path (ramp) to carry out the sand quarry operation at Pallipadu Sand Reach, Nellore District, as bad, arbitrary, contrary to A.P. Minor Mineral Concession Rules, 1966 and G.O.Ms.No.1, Industries & Commerce (M1) Department, dated 1.1.2001, apart from the terms and conditions of agreement dated 21.6.2007 and pass such other suitable orders. 6. It is averred in the affidavit filed in support of the Writ Petition that having been successful bidder in the auction conducted on 26.10.2006 for grant of leasehold rights to Pallipadu Sand Reach pursuant to the tender-cum-auction notice No.2650/06/A3, dated 7.10.2006 for the bid amount of Rs.21,69,000/- for one year. Thereafter the respondents informed the petitioner to enter into an agreement after 7 months of finalisation of the auction. Subsequently the petitioner entered into an agreement with the District Panchayat Officer, Nellore, on 21.6.2007 and the agreement came into effect on 26.6.2007 for a period of 2 years by 25.6.2009. As per the conditions of the agreement entered into, being a leaseholder, the petitioner started transportation of sand through existing approach/path. Further, the petitioner made an application to the Deputy Executive Engineer, Irrigation Department, requesting to provide path for carrying out and transportation of sand from Pallipadu Sand Reach. Though the petitioner deposited Rs.21,69,000/-, the respondents did not provide any path/ramp. Due to non-providing of ramp/path, the petitioner was not doing any business except negligible quantities of minor mineral (sand). Thus, the petitioner is not doing sand quarry operation and transportation from Pallipadu sand reach due to non-existing path as provided by the respondents. On several representations of the petitioner seeking permission to lay the path/ramp in S.No.4, 220/1, which had taken on lease from one Parivi Yasodamma on payment of Rs.80,000/- under agreement of lease and in spite of that, the respondents had not chosen either to provide path/ramp or permission to lay path in the said survey numbers. Further it is stated that in the earlier years all the sand reaches in Nellore District formed as syndicate. In view of their joint business they never laid a road/path to Pallipadu Sand Reach and transported the sand from Kodurpadu Sand Reach. All the sand reaches in Nellore District as formed as syndicate even for the current lease period except Pallipadu sand reach and Zonnawada Sand Reach. In view of this fact, the respondents have not provided any authorized path/ramp to Pallipadu sand reach. The Assistant Director of Mines and Geology, Nellore, issued letter No.982/S/2007, dated 15.11.2007 wherein directed the petitioner to submit the relevant documents for which the petitioner had laid new path/ramp to transport the ordinary sand from Pallipadu reach. Pursuant to the above letter, petitioner had submitted all the documents which are relevant for grant of permission for transportation of sand, but in vein. It is apt to state that the Deputy Executive Engineer, Irrigation Department, Nellore Sub-Division, Nelloe, accorded permission vide letter No.61M, dated 4.2.2006 according permission to the earlier lessee O.Murali to form the ramp at Ch.16/OM of right side flood bank i.e., bus shelter of Pallipadu village, but to the petitioner’s misfortune the respondents have not chosen to allow him either to form ramp as accorded earlier dated 4.3.2006 or to form ramp in S.Nos.4, 220/1 of patta land belongs to P.Yasodamma which was given under agreement of lease for the same. It is reiterated that despite all the respondents have not considered the petitioner’s representation to lay ramp for transportation of sand from Pallipadu sand reach which is arbitrary and contrary to the Rules of A.P.Minor Mineral Concession Rules, 1966. The respondents ought to have provided the path as per the terms and conditions of the agreement which are in consonance with the Rules and G.O.Ms.No.1, Industries & Commerce (M1) Department, dated 1.1.2001. Therefore, the action of the respondents in not providing the path/ramp to carry out/transport the sand quarry operation from Pallipadu sand reach is bad, arbitrary and contrary to the terms and conditions of the agreement dated 21.6.2007 and also G.O.Ms.No.1, dated 1.1.2001 apart from A.P. Minor Mineral Concession Rules, 1966. Unless this Court interfere and issued a direction to provide/ramp to carry out the sand quarry operation, the petitioner will be put to great hardship since he had invested Rs.21,69,000/- and as stated above, the petitioner is not doing any business at all and he had not taken way bills also to that extent. 7. The proceedings Lr.No.61M, dated 4.3.2006 had been specifically referred to and the same reads as hereunder: “From To Sri M.Babu Rao, M.E. Sri O.Murali, Deputy Executive Engineer, I&CAD, D.No.12/101, Nellore Sub-Division, Nellore. Yanamalavari Street, Narayanaraopet, Nellore. Lr.No.61M, dated 4.3.2006 Gentleman, Sub: Sand Quarries – Nellore District, Providing Ramps to flood Bank – Request to show authorized ramps for Pallepadu – Reg. Ref: 1. Your letter dated 7.12.2005 and 27.2.2006. 2. My letter No.50M dated 22.2.2006. ------ Adverting to the correspondence cited, I have inspected the site on 2.3.2006 along with Assistant Engineer, No.1 Section, Narayanareddypet and Sri … Representative of Sri O.Murali, Sand Reach Holder and identified the ramp and Ch.16/om of right side flood bank, i.e., near bus shelter of Pallipadu village. Hence, you are requested to form the ramps as explained at the site whether affecting the standards of flood bank and water course and others in the river. Yours sincerely, Sd/- Place: Nellore. (M.BABU RAO) DateL 4.3.2006. Deputy Executiveer Engineer, I&CAD, Nellore Sub-Division, Nellore.” 8. This Court ordered Notice Before Admission on 18.1.2008. 9. In the light of the specific stand taken by the writ petitioner and also several of the facts which had been narrated and the events which had happened on 4.3.2006 and also 15.11.2007 and also in the light of the letter which had been addressed by the Deputy Executive Engineer, I&CAD, Nellore Sub-Division, Nellore, to the prior lessee Sri O.Murali and in the light of the prior Rules and the existing Rules as well, this Court is of the considered opinion that it would be appropriate to dispose of the Writ Petition directing respondents 2 and 4 to consider the grievance of the petitioner in relation to providing or authorizing the path/ramp to carry out the sand quarry operation at Pallipadu Sand Reach, Nellore District within a period of two (02) weeks from the date of receipt of a copy of this order. 10. With the direction indicated above, the Writ Petition is disposed of. There shall be no order as to costs. --------------------------- 28.01.2008 SSR Issue order copy tomorrow. (BO)