THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITIONS No:24581, 31778, 31834, 31992 & 32103 OF 2010 COMMON ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) Since the issue involved in all the writ petitions is one and the same, they are being disposed of by this common order. W.P.No.24581 of 2010 is filed by the petitioner, who submitted a tender with EMD to participate in the auction pursuant to the notification issued by the respondents, seeking to declare the action of the respondents in not proceeding with the auction scheduled to be held on 15.6.2010 and in insisting the petitioner to take back EMD as arbitrary and illegal and to issue a direction to proceed with the auction. W.P.No.31778 of 2010 is filed by the petitioner seeking to declare the notification No.1444/Sand/2007-3, dated 2.12.2010 issued by the 3rd respondent, without mentioning the sale price per cubic meter and without obtaining the ground water level report, as per rules within six months preceding the auction notice, as arbitrary and illegal. W.P.No.31834 of 2010 is filed by the petitioner challenging the cancellation of the auction notification dated 14.5.2010 issued by the 4th respondent and the consequential action in issuing sand auction notification afresh inviting sealed tenders for conducting public auction for leasing out the right of quarrying in respect of Taggelli Sand reach, and seeking to allot the contract in his favour. WP No.31992 of 2010 is filed seeking to declare the auction notification dated 2.12.2010 issued by the 1st respondent without obtaining report with regard to the ground water levels as per Rule 23(4) of APWALTA and the A.P. Minor Mineral Rules 1966, as illegal and arbitrary. W.P.No.32103 of 2010 is filed questioning the cancellation of auction notification No.1444/sand/2010, dated 14.5.2010 through Memo No.16649/SPIU & Sand/2010-1, dated 15.11.2010 and the issuance of consequential auction notification No.1444/sand/2007-3, dated 2.12.2010, proposing to conduct public auction to grant lease hold rights of quarrying for ordinary sand in five reaches viz., (1) Birkur village, Birkur Mandal; (2) Barangadgi village, Birkur Mandal; (3) Husgul village, Bichkunda Mandal;(4) Taggeli village Bodhan Mandal; and (5) Yolgatoor village, Balkonda Mandal respectively. In none of the cases, there is any stay granted by this Court. In that process, the auction was proceeded pursuant to the auction notification dated 2.12.2010 and lease deeds were also executed with regard to item Nos.1, 2 & 5 in favour of the highest bidders. Insofar as items 3 and 4 are concerned i.e.,Hasgul and Taggelli sand reaches, the highest bidders failed to remit 25% of the bid amount within the stipulated period and 2nd and 3rd highest bidders are also not willing to take up the quarry lease. Hence, it is approved by the District Level Sand Committee to conduct fresh auction for these two reaches. The learned Counsel for the petitioners in WP Nos.24581, 31778, 31992 and 32103 of 2010 submits that in view of execution of lease deeds in favour of prospective bidders, no further cause survives for adjudication of these writ petitions. In view of the above submission, WP Nos.24581, 31778, 31992 and 32103 of 2010 are dismissed granting liberty to the petitioners therein to challenge the execution of lease deeds, if they are so advised. Sri V. Ravi Kiran Rao, learned Counsel for the petitioner in W.P.No.31834 of 2010 contends that under Rule 9-K of A.P. Minor Mineral Concession Rules, the Government have power to cancel the auction conducted and confirmation orders issued thereon, but the Government have no power to cancel the notification once issued. He further contends that once the Assistant Director of Mines & Geology (ADMG) submitted a report with regard to the quantity of sand to be lifted and stated that it will not affect the Water table in the nearby bore wells, the cancellation of the notification on the reports of the Superintendent Engineer (RWS) and Executive Engineer (APSIDC) through letter dated 11.6.2010, is arbitrary and illegal and in such process, they are facilitating illegal sand mining in the said reaches and therefore, necessary direction should be given to proceed with the earlier auction notification issued on 14.5.2010 by accepting the tender of the petitioner. We do not see any force in the contention advanced by the learned Counsel for the petitioner for the reason that when the Government have power to cancel the auction conducted and confirmation orders issued thereon, it will necessarily have the power to cancel the notification issued before conducting the auction. Rule 9K(3) of the Rules also authorizes the Government to issue orders/ clarification if any, not specifically mentioned in implementation of these rules. If that be the case, there is no illegality in cancellation of the notification dated 14.5.2010 in view of the reports of the Superintendent Engineer (RWS) and Executive Engineer (IDC), dated 11.6.2010, wherein it is stated that removal of the sand in Birkur, Barangedgi and Thaggeli villages will lead to drying up of Bore Wells and other drinking water schemes fed from Manjeera River and also affect Lift Irrigation Schemes. On the basis of the said reports, the Joint Collector postponed the said auction indefinitely on the ground that a detail report has to be obtained keeping in view the deficit rain fall in the District and affect on the ground water level and water levels in the irrigation sources. Therefore, the Government had decided to issue a fresh auction notification. In view of the same, once the notification has already been cancelled by issuing a fresh notification, confirmation of the tender submitted pursuant to the earlier auction notification, does not arise. Therefore, no mandamus can be issued to accept the tender submitted by the petitioner by accepting EMD. Having regard to the fact that the Government had already notified two reaches for auction by virtue of cancellation of the earlier notification, there is possibility of illegal sand quarrying from the said reaches. Therefore, the Joint Collector and the Assistant Director of Mines and Geology, Nizamabad shall visit the said two reaches in the presence of the District Judge, Nizamabad District, and prepare a report about the illegal quarrying, if any, and the action taken thereon, within two weeks from the date of receipt of a copy of this order to the Registry and shall take steps for auctioning the said two reaches, if the ground water report is in favour of quarrying in the said two reaches, as early as possible. With the above direction, all the writ petitions are dismissed. No order as to costs. _____________________ Justice A. Gopal Reddy ______________________ Justice N. Ravi Shankar Date: 24.1.2011 Nn. THE HON'BLE SRI JUSTICE A. GOPAL REDDY & THE HON'BLE SRI JUSTICE N. RAVI SHANKAR WRIT PETITIONS No:24581, 31778, 31834, 31992 & 32103 OF 2010 (Common order delivered by Hon’ble Sri Justice A. Gopal Reddy) 24.1.2011