IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 2830 of 2009 Between: K.Satya Bharati W/o.Babji Kadiam Mandal, East Godavari District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Industries and Commerce (M.I) Department, represented by its Principal Secretary, Secretariat, Hyderabad. 2 The Director of Mines and Geology, Hyderabad. 3 The Assistant Director of Mines and Geology, Rajahmundry, East Godavari District. 4 The District Collector, East Godavari District at Kakinada. 5 The Joint Collector & Chairman of District Level Sand Committee, Kakinada, East Godavari District. 6 Zilla Parishad, East Godavari District at Kakinada, Rep. by Chief Executive Officer. .....RESPONDENTS 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 appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 6th respondent in not releasing the sand auction proceeds of reach No.10 of Godavari River to the Mandal Praja Parishad, Kadiam, East Godavari District in the ratio mentioned in G.O.Ms.24, Industries and Commerce (M.I) Department, dt. 12.2.2007 as illegal, arbitrary and unjust and consequently direct the respondents to distribute the auction proceeds in terms of G.O.Ms.No.24, Industries and Commerce (M.I) Department dt. 12.2.2007 in the interest of justice and to pass such other order or orders. Counsel for the Petitioner:MR.K.VENKATESH Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : ORDER: This writ petition is filed by the petitioner, President of Mandal Praja Parishad, Kadiam Mandal, East Godavari District stating that respondents 3 to 5 herein have been conducting public auctions for ordinary sand in Godavari river of Reach No.10 from 3.000 kms to 8.000 kms. ramp point at Vemagiri and Kadiapu Lanka Villages of Kadiam Mandal, East Godavari District. As per G.O.M.s.No.24 dated 12.2.2007, whereunder certain guidelines were framed by the government for conducting public auction of sand quarry by constituting a District Level Committee headed by the Joint Collector of the District concerned, the auction proceeds shall be deposited to the Zilla Parishad head of account and the amount fetched in the public auction shall be distributed among the Zilla Parishad/Mandal Praja Parishad/Gram Panchayat at the ratio of 25%:50%:25% respectively on quarterly basis. As per the said G.O. the Kadiam Mandal is entitled for 50% of the auction amounts. The grievance of the petitioner is that the 6th respondent –Zilla Parishad, East Godavari District at Kakinada is not releasing the said amounts to the Mandal and thus filed this writ petition seeking a direction to the respondents to distribute the auction proceeds in terms of G.O.Ms.No.24 dated 12.2.2007 forthwith. The writ petition was admitted by this Court on 16.2.2009 and notice was issued to the respondents. Pursuant thereto, the learned standing counsel for the respondent has produced before the Court the parawise remarks sent by the 6th respondent. The said parawise remarks disclose that an amount of Rs.85,49,999/- was released during 2007-08 by the Assistant Director (M&G) Rajahmundry duly deducting 5% share on the total amount of Rs.90,00,000/- and the released amount of Rs.85,49,999/- was distributed to Mandal Praja Parishad’s in two terms totaling to Rs.41,86,208/-. It is also stated that the Assistant Director has adjusted an amount of Rs.3,07,800/- out of Rs.3,24,000/- as temporary permission and later adjusted an amount of Rs.38,65,232/- out of Rs.1,54,52,392/-, totaling to Rs.41,73,032/- for the year 2008-09. Thus, an amount of Rs.41,73,032/- was adjusted to Zilla Praja Parishad General Funds by Assistant Director and the 50% of the said amount was released to the Mandal Praja Parishad, Kadium during 2008-09 and the balance amount will be relased soon after adjustment of amount received from the Assistant Director(M&G), Rajahmundry. Recording the above statements made in the parawise remarks furnished by the 6th respondent, the writ petition is closed. N.V.RAMANA,J Dt.8.7.2009 msv