IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition Nos.2626 of 2008, 27937, 27938, 27939 of 2007, 3167, 3236, 5760, 2859, 6414, 6692 and 6694 of 2008 W.P.No.2626 of 2008 Between: N. Yesurathnam, S/o. Thimpalayya, r/o. Thirupalayya, Kakupally Village, Nellore Mandal & District. ... PETITIONER AND 1. The Government of Andhdra Pradesh, rep by Secretary, Industries and Commerce Department, Secretariat, Hyderabad. 2. The District Collector, Nellore. 3. The District Level Committee, rep by Member Convenor-Cum-Assistant Director, Mines and Geology, Nellore ...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 order or writ one in the nature of writ of mandamus, declaring the action of respondents demanding to deposit second year lease period 45 days prior to 31-03-2008 and in restraining the period of 1st year from 01-06-2007 to 31-03-2007 and 2nd year to 31-03-2009 when the agreement is for two years, for quarrying sand at Labour Bit-1 village limits Penna River, Indukurpet Mandal, Nellore District as arbitrary, illegal, unjust and contrary to Mines and Minerals (Development & Regulation) Act, 1957 and A.P. Minor Mineral Concession Rules, 1966 and to pass such other orders. Counsel for the Petitioner: SMT. N. SHOBA Counsel for the Respondents: GP FOR INDUSTRIES & COMMERCE W.P.No.27937 of 2007 Between: K. Suresh Kumar, s/o K. Jaya Ramulu, r/o H.No.4-134/A New Shabari Colony Makthal village & Mandal, Mahaboobnagar District. ... PETITIONER AND 1. The Government of Andhra Pradesh, rep. by its Secretary, Industries and Commerce Department, Secretariat, Hyderabad. 2. The District Collector, Mahaboobnagar. 3. The District Level Committee, rep. by its Member Convenor-cum-Assistant Director, Mines and Geology, Mahaboobnagar. ...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 order or writ one in the nature of writ of mandamus, declaring the action of respondents in restraining the period of first year from 17-07-2007 to 31-03-2008 and second year to 31-03-2009 when the notification is for two years and the agreement is for two years, for quarrying sand at Sangambanda Reach, Makthal Mandal, Mahaboobnagar District as arbitrary, illegal, unjust and contrary to Mines and Minerals (Development & Regulation)Act, 1957 and A.P. Minor Mineral Concession Rules, 1966 and to pass such other orders. Counsel for the Petitioner: SMT. N. SHOBA Counsel for the Respondents: GP FOR INDUSTRIES & COMMERCE W.P.No.27938 of 2007 Between: P. Rajender Reddy, s/o Narasimha Reddy, r/o Uppara Guda Village, Ibrahimpatnam Mandal, Ranga Reddy District. ... PETITIONER AND 1. The Government of Andhra Pradesh, rep by its Secretary, Industries and commerce Department, Secretariat, Hyderabad. 2. The District Collector, Mahaboobnagar. 3. The District Level Committee, rep by its Member Convenor-cum-assistant Director, Mines and Geology, Mahaboobnagar. ...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 order or writ, one in the nature of writ of mandamus, declaring the action of respondents in restraining the period of first year from 18-07-2007 to 31-03-2008 and second year to 31-03-2009 when the notification is for two years and the agreement is for two years, for quarrying sand at Someshwara Banda Reach, Makthal Mandal, Mahaboobnagar District as arbitrary, illegal, unjust and contrary to Mines and Minerals (Development & Regulation) Act, 1957 and AP Minor Mineral Concession Rules, 1966 and to pass such other orders. Counsel for the Petitioner: SMT. N. SHOBA Counsel for the Respondents: GP FOR MINES AND GEOLOGY W.P.No.27939 of 2007 Between: R. Srinivasa Rao, s/o Satyanarayana, Krishna District. ... PETITIONER AND 1. The Government of Andhra Pradesh, rep. by its Secretary, Industries and Commerce Department Secretariat, Hyderabad. 2. The District Collector, Mahaboobnagar. 3. The District Level Committee, rep. by its Member Convenor-Cum-Assistant Director, Mines and Geology, Mahaboobnagar. ...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 order or writ one in the nature of writ of mandamus declaring the action of the respondents in restraining the period of first year from 25-07-2007 to 31-03-2008 and second year to 31-03-2009 when the notification is for two years and the agreement is for two years, for quarrying sand at Ujjelli Reach, Maganoor Mandal, Mahaboobnagar District as arbitrary illegal unjust and contrary to Mines and Minerals (Development & Regulation) Act 1957 and A.P Minor Mineral Concession Rules, 1966 and to pass such other orders. Counsel for the Petitioner: SMT. N. SHOBA Counsel for the Respondents: GP FOR INDUSTRIES & COMMERCE W.P.No.3167 of 2008 Between: Chenugu Srinivas, s/o Bikshapati, Durgapuram, Vijayawada, Krishna District. ... PETITIONER AND 1. The Government of Andhra Pradesh, rep. by Secretary, Industries and Commerce Department Secretariat, Hyderabad. 2. The District Collector, Nellore. 3. The District Level Committee, rep. by Member Convenor-cum-Assistant Director, Mines and Geology, Nellore. ...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 and order or writ one in the nature of writ of mandamus, declaring the action of respondents demanding to deposit second year lease period 45 days prior to 31-03-2008 and in restraining the period of first year from 31-05-2007 to 30-05-2008 and second year to 31-03-2009 when the agreement is for two years, for quarrying sand at Reach No.35, Sangam village limits Penna River, Sangam Mandal, Nellore District as arbitrary, illegal, unjust and contrary to Mines and Minerals (Development & Regulation) Act, 1957 and A.P. Minor Mineral Concession Rules, 1966 and to pass such other orders. Counsel for the Petitioner: SMT. N. SHOBA Counsel for the Respondents: GP FOR INDUSTRIES & COMMERCE W.P.No.3236 of 2008 Between: V. Ayyappa Reddy, s/o V. Anjaneya Reddy, r/o Devarapalem village, Nellore Rural Mandal, Nellore District. ... PETITIONER AND 1. The Government of Andhra Pradesh, rep. by Secretary, Industries and Commerce Department, Secretariat, Hyderabad. 2. The District Collector, Nellore. 3. The District Level Committee, rep. by Member Convenor-cum-Assistant Director, Mines and Geology, Nellore. ...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 order or writ one in the nature of writ of mandamus, declaring the action of respondents demanding to deposit second year lease period 45 days prior to 31-03-2008 and in restraining the period of first year from 30-05-2007 to 29-05-2008 and second year to 31-03-2009 when the agreement is for two years, for quarrying sand at Mulumudi Reach No.7, Mulumudi village Limits Penna River, Nellore Rural Mandal, Nellore District as arbitrary, illegal, unjust and contrary to Mines and Minerals (Development & Regulation) Act, 1957 and A.P. Minor Mineral Concession Rules, 1966 and to pass such other orders. Counsel for the Petitioner: SMT. N. SHOBA Counsel for the Respondents: GP FOR INDUSTRIES & COMMERCE W.P.No.5760 of 2008 Between: A. Kameswara Rao, s/o Viswanadham, Hindu, r/o D.No.11-4-40, Chinna Veedhi, Anakapalle (P.O.), Visakhapatnam District. ... PETITIONER AND 1. The Assistant Director of Mines and Geology, Anakapalle, Visakhapatnam. 2. The Deputy Director of Mines and Geology, Visakhapatnam. 3. The Zonal Joint Director of Mines and Geology, Visakhapatnam. ...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 call for the records leading upto and inclusive of the Letter No. 790/Q/07 dated 04-02-2008 of first respondent and quash the same by issuing a writ, order or direction in the nature of certiorari and to pass such other orders. Counsel for the Petitioner: Mr. E. V. BHAGIRATHA RAO Counsel for the Respondents: GP FOR MINES AND GEOLOGY W.P.No.2859 of 2008 Between: M/s. Navkar Enterprises, rep. by its partner B. Srinivas Rao, s/o B. Subba Rayudu, Office Address: 27-1-65/1, Vidya Nagar, Near Srinagar, Gajuwaka, Visakhapatnam-530026. ... PETITIONER AND 1. Govt. of A.P. Rep. by its Secretary, Industry & Commerce (Mines) Dept, Hyderabad. 2. The Director of Mines and Geology, BRKR Bhavan, Hyderabad. 3. The Assistant Director of Mines and Geology, Gandhipuram-3, Rajahmundry. 4. The Collector, East Godavari District, Kakinada. ...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 order, direction or writ more in the nature of writ of mandamus and to set-aside the impugned notice Lr.No.6185/Sand (R- 20)/2007 dated 09-01-2008 declaring the action of respondents issuing the impugned notice without adopting the due process of law is bad, illegal, arbitrary, apart from the same being opposed to principles of natural justice and violation of Articles 14,19 and 21 of the Constitution of India and to pass such other orders. Counsel for the Petitioner: Mr. VENKAT REDDY DONTHI REDDY Counsel for Respondents 1 to 3: GP FOR MINES AND GEOLOGY Counsel for Respondent No.4: GP FOR REVENUE W.P.No.6414 of 2008 Between: The Boatsmen Sand Quarry Fishermen Co-operative Society Limited, No.C-107, Mummidivaram, Mummidivaram Mandal, East Godavari District rep. by its President R. Govinda Rao, s/o Venkat Reddy, aged about 40 years, r/o Mummidivaram, Mummidivaram Mandal, East Godavari District ... PETITIONER AND 1. The District Collector & the Confirming Authority, East Godavari District, Kakinada 2. The Joint Collector & Chairman (DLC), Sand Auctions Kakinada. 3. The Assistant Director of Mines & Geology, Member & Convenor, Sand Auction Committee, East Godavari District, Rajahmundry. ...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 a writ order or direction more particularly one in the nature of writ of mandamus declaring that the act of respondents in issuing letter dated 09-01-2008 demanding the petitioner society to pay a sum of Rs.2,26,24,900/- for the period from 01-04-2008 to 31-03-2009 and thereby threatening to disallow the petitioner society from carrying out the sand quarry works in the specified area and thereby further taking steps to cancel the bank guarantee furnished by the petitioner society dated 04-10-2007 as illegal, arbitrary, and violative of Article 300-A of Constitution of India and consequently direct respondents to act in terms of the notification in Ex.P.1 and receive Rs.1,13,12,400/- from the petitioner society and not to interfere with its sand quarrying works in the specified area i.e. Package No.1 of Rajahmundry A&B Dowlaiswaram A&B reaches from situated from AGLB a) 0/0 to 1/8 through Dowlaiswaram -Vemagiri boat office ramp (b) from 1/8 to 2/8 km ramp at 2.200 km Dowlaiswaram 92) from 2/8 to 4/8 in ramp at 3.650 km Rajahmundry (3)(a) from 4/8 to 7/7 km ramp at 7/4 km Rajahmundry (b) from 8/1 to 8/8 km ramp of 8.670 Rajahmundry East Godavari District subject to observation of the APMMC Rules and Regulations and to pass such other orders. Counsel for the Petitioner: Mr. S. I. VARAHA GIRI Counsel for Respondents 1 & 2: GP FOR REVENUE Counsel for Respondent No.3: GP FOR MINES AND GEOLOGY W.P.No.6692 of 2008 Between: Karri Ramunaidu, s/o Thammunaidu, r/o Viajayramaraju Peta, Bucheyyapeta Mandal, Visakhapatnam District. ... PETITIONER AND 1. The State of Andhra Pradesh, rep. by the Director, Mines & Geology Department, Hyderabad. 2. The Asst. Director, Mines and Geology Department, Visakhapatnam. ...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 a writ of mandamus or any other appropriate writ, order or direction declaring proceeding No.2566/Q/2007, dated 28-02-2008 issued by 2nd respondent herein as arbitrary, illegal and unconstitutional and to pass such other orders. Counsel for the Petitioner: Mr. T. NAGARJUNA REDDY Counsel for the Respondents: GP FOR MINES AND GEOLOGY W.P.No.6694 of 2008 Between: Polamarasetti Venkata Appalaswami Naidu, s/o Manikyam, Hindu, r/o Venkupalem village, Anakapalle Mandal, Visakhapatnam District. ... PETITIONER AND 1. The State of Andhra Pradesh, rep by the Director, Mines & Geology Department, Hyderabad. 2. The Asst. Director, Miniew and Geology Department, Visakhapatnam, Visakhapatnam 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 a writ of mandamus or any other appropriate writ, order or direction declaring proceedings No.2547/Q/2007, dated 28-02-2008 issued by 2nd respondent herein as arbitrary, illegal and unconstitutional and to pass such other orders. Counsel for the Petitioner: Mr. T. NAGARJUNA REDDY Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following: COMMON ORDER: - As the point involved in these writ petitions is one and the same, these petitions are disposed of by a common order. 2. Facts, in nutshell, are: Pursuant to different Notifications published in respect of the auction of the lease hold rights of different sand quarries situated at different reaches for a period of two years, petitioners have participated in the said auctions and became the successful bidders. The auctions of the lease hold rights in question are for a period of two years commencing from different dates upto 31- 03-2009. According to the petitioners, lease deeds were executed for two years commencing from different dates upto 31-03-2009 subject to payment of second year lease amount with 20% enhancement of knocked down amount before the expiry of first year lease of 12 months. They further state that they entered into lease deeds with first respondent for a period of two years commencing from the date of agreement by paying necessary amount and started quarry operations in the reaches allotted to them. According to them, the lease period of first one year i.e. 12 months has not completed even by 31-03-2008. 3. The common grievance of the petitioners is that respondent authorities arbitrarily informed them that the first year lease is upto 31-03-2008 and demanding them to deposit second year lease amount with 20% enhancement of knocked down amount, much earlier to the expiry of first year lease. Assailing the said action, petitioners have filed these writ petitions. 4. Heard Smt. N. Shoba, learned counsel for petitioner in W.P.Nos.27937 of 2007, 27938 of 2007 and 27939 of 2007, W.P.Nos.2626, 3167 and 3236 of 2008, Sri S.I. Varahagiri, learned counsel for petitioner in W.P.No.6414 of 2008, Sri E.V. Bhagiratha Rao, learned counsel for the petitioner in W.P.No.5760 of 2008, Sri Venkat Reddy Donthireddy, learned counsel for petitioner in W.P.No.2859 of 2008 and Sri T. Nagarjuna Reddy, learned counsel for petitioner in W.P.Nos.6692 and 6694 of 2008 and learned Government Pleaders for Industries and Commerce; Mines and Geology; and Revenue. 5. The point involved in all these writ petitions is as to whether the amount deposited by the petitioners for first year i.e. upto the end of 31-03-2008 is to be reckoned as the amount for one year (12 months) and consequently enhance the said amount by 20% towards the lease amount for the second year commencing from 01-04-2008 to 31-03- 2009. 6. There is no dispute that according to Rule 9-P of the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short, ‘the Rules’) Rules, for the purpose of second year lease, the lessee shall pay the knocked down amount along with 20% enhancement towards the second year lease amount. Further, according to Rule 9-K (3) of the Rules the State Government is conferred with the power to issue orders/clarifications, if any, specifically mentioned in the implementation of the Rules. 7. Inasmuch as the State Government is conferred with the power, under Rule 9-K (3) of the Rules, to issue orders/clarifications, if any, not specifically mentioned in implementation of the Rules and since the point involved in all these writ petitions is as to whether the amount deposited by the petitioners for first year i.e. upto the end of 31-03-2008 is to be reckoned as the amount for one year (12 months) and consequently enhance the said amount by 20% towards the lease amount for the second year commencing from 01-04-2008 to 31-03- 2009, this Court is not inclined to go into the various contentions raised by learned counsel for petitioners. 8. As the State Government is conferred with the power, under Rule 9-K (3) of the Rules, to clarify and decide such issues, it is suffice to direct the Government to decide the said issue at an early date preferably within a period of two weeks from today. However, as the lease is for a period of two years commencing from different dates upto 31-03-2009, petitioners shall be permitted to proceed with the quarrying of sand at the reaches, to which they are the lessees, on their paying/depositing the original lease amount along with 20% enhancement as stipulated under Rule 9-P of the Rules as amended as per G.O.Ms.No.84 Industries & Commerce (M.I) Department, dated 10-04-2007. 9. With the above directions the writ petitions are disposed of at the stage of admission. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.31-03-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 2CCs to 2. 2CD copies Form-NIC-OGS/WP{MSN} Form-NIC-OGS/WP{TRT} Form-NIC-OGS/WP{VSMI} Form-NIC-OGS/WP{RLD} Form-NIC-OGS/WP{KURR} Form-NIC-OGS/WP{SPJS} Form-NIC-OGS/WP{TRT} Form-NIC-OGS/WP{MSN} Form-NIC-OGS/WP{TRK} Form-NIC-OGS/WP{LS} Form-NIC-OGS/WP{SPJS}