IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT :PRESENT: THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 23211 of 2008 Between: Mallavarapu Prakash Rao, S/o. M.Lurudhu, R/o. Vijayawada, Krishna District. .... Petitioner AND 1 The Government of Andhra Pradesh, Rep by its Secretary Industries & Commerce, (SPIU & SAND) Department, Secretariat Building, Hyderabad. 2 The Joint Collector-cum-Chairman, of the District Level Sand Committee, Vijayawada, Krishna District. 3 The Director of Mines & Geology, 8th Floor, BRKR Bhavan Tank Bunk, Hyderabad. 4 The Assistnat Director of Mines and Geology, Vijayawada, Krishna District. 5 T.Babu Rao, S/o. Kotaiah, R/o. Door.No.50-7-4-1, S.B.H.Colony, Near Saibaba Temple, Vijayawada, 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 order or writ one in the nature of writ of Mandamus, declaring the action of the first respondent in issuing the Memo No.14243/SPIU & Sand/2008/1 Dated 18- 10-2008 by staying the auction notification No.772/Q/2007, dated 14-10-2008 issued by the Assistant director of Mines and Geology, Vijayawada, as arbitrary, illegal, unjust, unconstitutional, violative of Rule 9-B of the A.P.M.M.C. Rules, 1966 and opposed to the public policy and consequently call for the records and set aside the same and direct the official respondents herein to hold the auction as scheduled as per notification issued on 14.10.2008. The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of Smt. Shoba.N, Advocate for the Petitioner and GP for Mines & Geology for Respondent Nos.1 to 3 and the Court made the following ORDER: Heard the learned counsel for the petitioner; learned Government Pleader for Industries, and learned counsel for the 5th respondent. It is brought to the notice of this Court, that the 5th respondent, who was granted lease for period of one year, in the Reach in question, between 18-12-2004 and 17-12-2005; could not operate it, for a period of 97 days, in view of the orders issued by the Mandal Revenue Officer. It is also stated that, on the strength of the directions issued by this Court, the District Level Committee granted extension of lease, by 70 days, vide proceedings dated 17-12-2007, and the same could not be worked out, on account of the interim orders granted by this Court in W.P. No.16169 of 2007. The said writ petition is said to have been withdrawn, only on 30-09-2008. Therefore, it emerges that the 5th respondent did not reap the benefit of extension, granted by the District Level Committee. Hence, the interim order granted on 24-10-2008 is modified, to the effect that the notified auction shall be postponed till the 5th respondent is permitted to operate the quarry, for the left over period. The 2nd respondent shall also dispose of the revision filed by the petitioner, within four weeks from today. Post the writ petition after four weeks. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The Secretary to Government of A.P. Industries & Commerce, (SPIU & SAND) Department, Secretariat Building, Hyderabad. 2 The Joint Collector-cum-Chairman, of the District Level Sand Committee, Vijayawada, Krishna District. 3 The Director of Mines & Geology, 8th Floor, BRKR Bhavan Tank Bunk, Hyderabad. 4 The Assistant Director of Mines and Geology, Vijayawada, Krishna District. 5 T.Babu Rao, S/o. Kotaiah, R/o. Door.No.50-7-4-1, S.B.H.Colony, Near Saibaba Temple, Vijayawada, Krishna District.(1 to 5 BY RPAD) 6. Two CC to GP for Mines & Geology, High Court of A.P., Hyderabad(OUT) 7. One CC to Smt. Shoba.N, Advocate, High Court of A.P>, Hyderabad (OPUC) 8. One spare copy. Tvr HIGH COURT LNRJ ORDER: DATED:31-10-2008 WP NO.23211 OF 2008 POST THE WP AFTER FOUR WEEKS Drafted: Tvr Dated: 01-11-2008 HIGH COURT LNRJ ORDER: DATED:31-10-2008 WP NO.23211 OF 2008 POST THE WP AFTER FOUR WEEKS