IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 11495 of 2008 BETWEEN: 1 G. Ankama Rao S/o.Lakshminarsaiah, R/o. 1-100-2, Kasarabada Village, Chendralapadu Mandal, Krishna District. 2 Kadem Sitaramaiah S/o.Chinnasaidulu, R/o. 1-170-D, Kasarabada Village, Chendralapadu Mandal, Krishna District. ... PETITIONERS AND 1 The Government of Andhra Pradesh, Industries and Commerce (M.I) Department, Secretariat, Hyderabad, Andhra Pradesh, rep. by its Secretary. 2 The District Level Committee for Sand Auctions, Krishna District, rep. by its Chairman cum Joint Collector. 3 The Director, Dept. of Mines and Geology, 8th floor, BRKR Bhavan, Tank Bund, Hyderabad. 4 The Assistant Director of Mines and Geology cum Member Convenor, District Level Committee for Sand Auctions, Nandigama, Krishna District. 5 The Dist. Panchayat Officer and Convenor, District Level Committee for Sand Auctions, Machilipatnam, Krishna District. 6 Sri.V.Surendrababu S/o.Nageswar Rao, D.No.11-31, Rytupeta, Nandigama, 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 a direction, order or Writ more particularly one in the nature of Writ of Mandamus declaring the impugned proceedings No. R.C.No.2434/2006 Pan. 7 dated 8-2-2007 issued by the 5th respondent in favour of the 6th respondent granting leasehold rights of quarrying for sand in Kasarabada Sand Reach of Chanderlapadu Mandal, Krishna District for a period of 1 year w.e.f. 22-12-2006 to 21-12-2007 and the consequential extension, stay vacation proceedings No. 589/Q/2007 dated 1.2.2008 issued by the 4th respondent granting leasehold rights for another period of 211 days w.e.f. 1.2.2008 to 29.8.2008 as arbitrary, illegal, contrary to the A.P. Minor Mineral Concession Rules 1966, without jurisdiction and against the public interest and consequently set aside the same and pass such other order or orders. Counsel for the Petitioners: MR.ANDAPALLI SANJEEV KUMAR Counsel for the Respondents: GP FOR INDUSTRIES & COMMERCE FOR R1 to R4 GP FOR PANCHAYAT RAJ FOR R5 MR. P. PRABHAKAR RAO The Court made the following: ORDER: Petitioners - villagers of Kasarabanda Village, Chendralapadu Mandal, Krishna District - question the order dated 08.02.2007 issued by the fifth respondent in granting leasehold rights in favour of the sixth respondent and the consequential extension of the lease for a further period of 211 days from 01.02.008 to 29.08.2008 by order dated 01.02.2008 issued by the fourth respondent. 2. Learned counsel for the petitioners submits that the fifth respondent has no power or authority to extend the lease as per the rules made in G.O.Ms.No.84 dated 10.04.2007. 3. The order of the fourth respondent dated 01.02.2008 extending the lease in favour of the sixth respondent up to 29.08.2008 had been stayed by this Court by order dated 28.05.2008 and the same is continuing till date. As the period of extension itself is over by 29.08.2008, we are of the opinion that the cause of action in the writ petition does not survive. However, if any such extension is made contrary to the existing rules and guidelines, it is always open to the petitioners or any person having public interest to question the same. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J January 23, 2009 DSK/KSH