IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 9572 of 2008 Between: The Didugu Sand & Boat Workers Coop. Society Limited Didugu, rep.by its President, K.Venkatarami REddy, S/o.Koti Reddy aged 45 years,R/o.Didugu village,Amaravathi Mandal Guntur District ..... PETITIONER AND 1 Government of Andhra Pradesh, rep.by its Principal Secretary to Government Mines and Geology Department at Secretariat, Hyderabad 2 The District Collector, Guntur District at Guntur 3 The District Level Committee rep.by its Chairman and Joint Collector, Guntur District 4 The Assistant Director of Mines and Geology, and Member Convenor, District Level Committee, Guntur .....RESPONDENT(S) 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 of mandamus or any other appropriate writ or writs order or direction declaring the action of the first respondent in not disposing of the appeal filed by petitioner on 16.4.2008 as illegal, and arbitrary, and to consequently direct the first respondent to forthwith decide the appeal filed by petitioner and also restrain the fourth respondent herein from issuing any notification in respect of Reach Nos.12,13 & 14 of Amaravathi Village and Mandal, Guntur District award costs. Counsel for the Petitioner: MR.K.RAGHUVEER REDDY Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : Form-NIC-OGS/WP{TRK} O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the 1st respondent in not disposing of the appeal preferred by the petitioner on 16.4.2008, as arbitrary and illegal. The case of the petitioner-Didugu Sand & Boat Workers Cooperative Society Limited is that the 4th respondent-Asst. Director of Mines and Geology issued a Notification dated 24.1.2008 inviting tenders for auction of Reach Nos.12, 13 and 14 situated in Amaravathi village, Guntur District. Subsequently, auction was conducted on 4.4.2008 and the petitioner was declared the highest bidder in it. On the same day, the 4th respondent issued proceedings directing the petitioner to deposit the lease amount to get the auction confirmed by the 2nd respondent. But, the 2nd respondent-District Collector, by his proceedings dated 11.4.2008, rejected to confirm the auction on the ground that the amount fetched in the auction is less and there is a heavy demand for sand in the Reaches in question. Then, the petitioner preferred an appeal on 16.4.2008 before the 1st respondent-Government under Section 9(H)(I) of the A.P. Mines and Minerals Act (for brevity “the Act”) against the proceedings of the 2nd respondent. Now, the petitioner’s grievance is that though it preferred an appeal, the 1st respondent-Government has not considered and disposed of it so far. Heard the learned counsel for both the parties and perused the material placed on record. Having regard to the facts and circumstances of the case, this Court feels it unnecessary to observe whether the cancellation of the auction made by the 2nd respondent-Collector, by his proceedings dated 11.4.2008, is right or wrong inasmuch as an appeal is already preferred before the 1st respondent-Government, but deems it appropriate to direct the 1st respondent to dispose of the appeal as expeditiously as possible. Hence, this writ petition is disposed of at the admission stage with a direction to the 1st respondent-Government to dispose of the appeal preferred by the petitioner, as expeditiously as possible, and in any case, not later than three weeks from the date of receipt of a copy of this order. Pending disposal of the appeal, the appellate authority shall not issue any fresh Notification with regard to the lease of the Reaches in question. No costs. _______________ 29.04.2008 bcj