IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No.5993 of 2008 Between: Yalamanchili Sateesh, s/o Sambasiva Rao, Flat No.403, Vijayasoudha Apartment, High School Road, Vijayawada, Krishna District ... PETITIONER AND 1. The District level Committee for Sand Auctions, Krishna District, rep. by its Chairman-cum-Joint Collector, Krishna. 2. The Assistant Director of Mines and Geology, Vijayawada-cum-Member Convenor, District Level Committee for Sand Auctions, Krishna District. 3. The Deputy Director, Groundwater Department, Vijayawada, Krishna District-cum-Member, District level Committee for Sand Auctions, Krishna District. 4. The Executive Engineer, K.C. Division, Irrigation Department, Vijayawada-cum-Member, District Level Committee for Sand Auctions, Krishna District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring inaction of the respondents in not furnishing the statutory information sought by the petitioner pursuant to the Notice No.478/Q/2007 dated 07-08-2008 issued by 2nd respondent in respect of Guntupalli Sand Reach, Ibrahimpatnam Mandal, Krishna District, as arbitrary, illegal, failure to exercise power vested with the authority, violative of the A.P. Minor Mineral Concession Rules, 1966 and the provisions of the A.P. Water, Land and Trees Act, apart from being violative of the Fundamental Rights guaranteed under Articles 14 and 19(1)(g) of the Constitution of India and consequently direct respondents not to proceed with the auction scheduled to be held on 27-03-2008 in respect of Guntupalli Sand Reach, Ibrahimpatnam Mandal, Krishna District until the information sought by petitioner vide representation dated 10-03-2008 is furnished and to pass such other orders. Counsel for the Petitioner: Mr. C.V.R.RUDRA PRASAD Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following: ORDER: - An auction notice was issued on 07-03-2008 in respect of various sand reach including Guntupalli sand reach. According to petitioner, he purchased an application bearing Sl.No.1, in respect of Guntupalli sand reach on 10-03-2008 and submitted a representation on the same day to respondents 2 to 4 requesting them to furnish information with regard to the said sand reach, so that he can quote the amount. The last date for receipt of the applications is 24-03-2008 and the auction is scheduled to be held on 27-03-2008. As no information is yet furnished and petitioner is handicapped in mentioning the bid amount, he approached this Court and filed the present writ petition with the following prayer— “to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring inaction of the respondents in not furnishing the statutory information sought by the petitioner pursuant to the Notice No.478/Q/2007 dated 07-08-2008 issued by 2nd respondent in respect of Guntupalli Sand Reach, Ibrahimpatnam Mandal, Krishna District, as arbitrary, illegal, failure to exercise power vested with the authority, violative of the A.P. Minor Mineral Concession Rules, 1966 and the provisions of the A.P. Water, Land and Trees Act, apart from being violative of the Fundamental Rights guaranteed under Articles 14 and 19(1)(g) of the Constitution of India and consequently direct respondents not to proceed with the auction scheduled to be held on 27-03-2008 in respect of Guntupalli Sand Reach, Ibrahimpatnam Mandal, Krishna District until the information sought by petitioner vide representation dated 10-03-2008 is furnished and to pass such other orders.” 2. Heard learned counsel for petitioner as well as learned Government Pleader. 3. I agree with the contentions put forth by learned counsel for petitioner that unless the statutory information is furnished, it is not possible for an individual to know the realities and quote the bid amount. Hence, this Court is of the view that respondents can as well be directed to furnish the statutory information enabling the petitioner to quote the bid amount. 4. Accordingly, the writ petition is allowed at the stage of admission and respondents are directed to furnish necessary statutory information on or before 24-03-2008 to the petitioner, so that petitioner can submit his application before the last date. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.19-03-2008 Note: Furnish copy today itself. B/o GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The District level Committee for Sand Auctions, Krishna District, rep. by its Chairman-cum-Joint Collector, Krishna. 2. The Assistant Director of Mines and Geology, Vijayawada-cum-Member Convenor, District Level Committee for Sand Auctions, Krishna District. 3. The Deputy Director, Groundwater Department, Vijayawada, Krishna District-cum-Member, District level Committee for Sand Auctions, Krishna District. 4. The Executive Engineer, K.C. Division, Irrigation Department, Vijayawada-cum-Member, District Level Committee for Sand Auctions, Krishna District. 5. 2CCs to 6. 2CD copies Form-NIC-OGS/WP{TRK}