IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8729 of 2008 Between: M/s. Venkateswara Enterprises, Rep. by its Prop. V. Venkatesh, S/o. V. Balaiah, Aged 34 years, R/o. 16-11-511/4, Dilsukhnagar, Hyderabad. ..... PETITIONER AND 1 The Joint Collector, Mahaboobnagar, Mahaboobnagar District. 2 The Assistant Director of Mines & Geology, Mahaboobnagar. .....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 appropriate Writ, order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not considering the representation submitted by the petitioner on 2-2-2008 followed by notice dt. 24-3-2008 requesting the respondents to issue the way bills so as to enable the petitioner to carry on the quarry operations or otherwise to refund the balance amount by deducting the amount towards the transportation of sand t the extent of 17,000 cubic meters, as illegal, arbitrary, improper and against to the principles of natural justice and consequently direct the respondents to issue the way bills to the Petitioner or refund the balance amount to the petitioner, and to grant such other relief or reliefs. Counsel for the Petitioner:MR.E.AYYAPU REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8729 of 2008 ORDER: M/s Venkateswara Enterprises, represented by its Proprietor V.Venkatesh, filed this writ petition stating that it was the successful bidder in the public auction conducted on 28.06.2007. Accordingly, lease for quarrying sand in Jangamaipally and Karimetta sand reaches was granted in its favour by the 2nd respondent by order dated 16.07.2007, for a period of two years commencing from 16.07.2007 to 31.03.2009, and a lease deed was also executed. According to the petitioner, it transported sand upto an extent of 17,000 cubic meters, but the second respondent issued show cause notice dated 16.11.2007, stating that the petitioner transported 40,000 M3 of sand from the sand reach as against the permitted quantity of 20,412 M3 and thus an excess quantity of 19,588 M3 was transported. In that regard, the 2nd respondent sought for an explanation from the petitioner. Pursuant thereto, petitioner stated to have submitted an explanation on 04.12.2007, but no orders have been passed thereon. Later, petitioner gave a representation dated 02.02.2008 requesting the respondents to issue way bills or otherwise to refund the amount paid by it, excluding the amount for quarrying 20,000 cubic meters, but in vain. Hence, this writ petition. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue. Having regard to the fact that no action has been initiated by the 2nd respondent pursuant to the show cause notice dated 16.11.2007, and as the petitioner’s representation dated 02.02.2008 is pending before the 2nd respondent, this Court directs the 2nd respondent- Assistant Director of Mines and Geology, Mahaboobnagar, to consider the representation of the petitioner dated 02.02.2008 and pass appropriate orders thereon, in accordance with law. With the above direction, the writ petition is disposed of. There shall be no order as to costs. __________ 21.04.2007 sh To 1 The Joint Collector, Mahaboobnagar, Mahaboobnagar District. 2 The Assistant Director of Mines & Geology, Mahaboobnagar. 3 Two C.Cs to 4 Two C.D. copies.