The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.7154 of 2010 Dated 30th March, 2010 Between: G.Paramananda Rao. …Petitioner And 1.The Government of Andhra Pradesh, rep. by its Secretary, Industries and Commerce Department, Secretariat, Hyderabad and 4 others. …Respondents Counsel for the Petitioner : Smt.Shoba.N Counsel for Respondent Nos.1 and 2: GP for Mines and Geology Counsel for RespondentNos.3 and 4: ----- The Court made the following: Order: This Writ Petition is filed for the following substantive relief: “to issue an order or writ one in the nature of Writ of Mandamus, declaring the action of the respondent Nos.3, 4 and 5 in interfering with mining operations and transportation of mineral laterite granted to petitioner in over an extent of 7.280 Hects. In Sy.Nos.15/1, 16/1, 2 & 3, 17/1, 2 & 3 for a period of 20 years vide G.O.Ms.No.212, Industries and Commercae (M.III) Department, dated 30-06-1999 is arbitrary, illegal, unjust, violative of principles of natural justice and contrary to Mines and Minerals (development & Regulation) at, 1957 and Mineral Concession Rules, 1966.” At the hearing, the learned Counsel for the petitioner admitted that before approaching this Court, the petitioner has not issued notice to respondent Nos.3, 4 and 5 for their alleged illegal interference with his mining operations. In my opinion, before seeking a writ of Mandamus, it is incumbent upon the petitioner to call upon the persons acting illegally to refrain from doing so, as held by the Supreme Court in Kamini Kumar Das Choudary vs. State of West Bengal[1] and Amrit Lal vs. Collector, C.E.C. Revenue[2]. In view of the same, the Writ Petition is dismissed with liberty to the petitioner to issue appropriate notice to respondent Nos.3, 4 and 5 before availing his further remedy. As a sequel to dismissal of the Writ Petition, WPMP.No.9235 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. _____________________ C.V.Nagarjuna Reddy, J Dated 30th March, 2010 Note: Furnish CC in one week. (B/o) lur [1] AIR 1972 SC 2060 [2] AIR 1975 SC 538 (V 58 C 381)