THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.3138 OF 2010 Dated:11.02.2010 Between: A.Lakshmi Kara .. Petitioner And The Government of Andhra Pradesh, Rep., by its Secretary, Industries and Commerce Department, Secretariat, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.3138 OF 2010 ORDER: The Writ Petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of the 4th respondent in issuing the impugned proceedings vide Lr.No.3949/Sand(R13)/2009 dated 29.01.2010 demanding him to pay an amount of Rs.1,40,80,134/-, in respect of Sand Reach No.13, Kapileswaram, East Godavari District, without considering his representation, dated 18.01.2010, as arbitrary and illegal, and consequently, to direct the 4th respondent to permit him to pay the second year lease amount with 10% enhancement on the first year lease amount. 2. The case of the petitioner, in brief, is that in the open auction conducted by the Assistant Director, Mines and Geology, Rajahmundry, East Godavari District, the 4th respondent, in the month of May, 2009, for grant of leasehold rights in respect of Sand Reache No.13, Kapileswaram, East Godavari District, the petitioner became successful bidder for an amount of 90,000,999/-, for one year, renewable for the second year on 20% enhancement on the first year knocked down amount. Pursuant thereto, he paid 25% of knocked down amount, apart from E.M.D. amount of 25%, which was paid at the time of participation in the auction. Subsequently, the 4th respondent on 29.10.2009 executed the Sand Lease agreement in his favour giving leasehold rights to excavate ordinary sand. Accordingly, he has started mining operations. While so, the 4th respondent served a notice No.3949/Sand (R13)/2009, dated 29.01.2010, on him to pay the second year lease amount at 20% enhancement on the first year knocked down amount. As he could conduct business only for about four months, and as his money was held up with the 4th respondent, he approached the 4th respondent and submitted a representation dated 18.01.2010 seeking permission to pay the second year lease amount with 10% enhancement over and above the first year lease amount, in four equal instalments. But, however, without taking into consideration his representation, the 4th respondent issued proceedings vide Lr.No.3949/Sand(R13)/2009, dated 29.01.2010, demanding him to pay an amount of Rs.1,40,80,134/- towards the second year lease amount. Being aggrieved by the same, he approached this Court and filed the present Writ Petition. 3. Heard learned counsel for the petitioner and learned Government Pleader for Mines and Geology. 4. As seen from the record, it is clear that the petitioner was the successful bidder and he paid 25% of knocked down amount on 19.06.2009 and since then the said amount is lying with the respondent authorities without giving any benefit to him. In the light of the same and as it is the grievance of the petitioner that he could conduct business only for about four months, this Court is of the view that the Writ Petition can be disposed of with a direction to the respondents. 5. Accordingly, the Writ Petition is disposed of with a direction to the respondents to collect the second year lease amount with 10% enhancement over and above the first year lease amount, in four equal instalments. There shall be no order as to costs. ____________________________ GOPALA KRISHNA TAMADA, J 11th February, 2010. KH