IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 641 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 23/06/2008 in WP NO : 8940 OF 2008 on the file of the High Court.) Between: The Damuluru Boatsmen and Sand Loading Unloading Labour Contract Co-Operative Society Ltd No.G-3111 Damuluru Ibrahimpatnam(M) Krishna Dist rep,by its Secretary Mr.S.K.Nannebude S/o.S.K.Sileman, 40 yrs, Occ: Boatsman, R/o.Damuluru(V) Ibrahimpatnam(M) Krishna Dist ..... APPELLANT AND 1 The District Collector Krishna District, Machilipatnam 2 The District Level Committee for Sand Auctions Krishna District, Rep.by its Chairman-Cum Joint Collector Krishna 3 The Assistant Director of Mines & Geology Vijayawada cum Member Convenor Dist Level Committee for Sand Auctions Krishna District. 4 M/s. The Krishna Country Canal Boat Workers Labour Contractors Cooperative Society Ibrahimpatnam (V) &(M) Krishna District, Rep.by its President Mr.K.Nageswara Rao .....RESPONDENT(S) Counsel for the Appellant:MR.C.V.R.RUDRA PRASAD Counsel for the Respondent No.: GP FOR INDUSTRIES & COMMERCE WRIT APPEAL NO : 643 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 23/06/2008 in WP NO : 9778 OF 2006 on the file of the High Court.) Between: The Damuluru Boatsmen and Sand Loading Unloading Labour Contract Co-operative Society Ltd., No.G.3111, Damuluru Rep. by its President Mr. Chinta Veeranjaneyulu S/o.Sivashankar Rao, Coolie, R/o.D.No.11-125, Ibrahimpatnam(Ferry), Krishna District - 521456. ..... APPELLANT AND 1 The District Level Committee for Sand Auctions, Krishna District, Zilla Parishad Compound, Machilipatnam, Rep. by its Member Convenor - Cum - District Panchayat Officer. 2 The Joint Collector, Krishna District at Machilipatnam. 3 The District Collector, Krishna District at Machilipatnam. 4 The Narsapuram Sand Quarry Boatsmen, Fishermen Cooperative Society, Rep. by its President Mr.Premmadi Narasimha Rao S/o.Venkataswamy, aged : 54 yrs, R/o.Narsapuram, West Godavari District. 5 The Gollapudi All Castes Sand Boat Workers Labour Contract Cooperative Society Ltd., Rep. by its Secretary Sri. P.Venkata Rama Raju, S/o. Narasimha Raju, R/o. 4-135, Near Venugopala Swamy Temple, Gollapudi, Vijayawada Rural Mandal, Krishna District- 521 225. .....RESPONDENT(S) Counsel for the Appellant:MR.C.V.R.RUDRA PRASAD Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : COMMON JUDGMENT: (Per Anil R. Dave, CJ) Both the writ appeals can be disposed of together as they arise out of a common order. The parties are referred to as they are arrayed in W.A.No.641 of 2008. Being aggrieved by a common order passed in W.P.No. 9778 of 2006 and 8940 of 2008, dated 23-6-2008, these appeals have been filed by the appellant-Cooperative Society making a grievance with regard to confirmation of auction in favour of respondent No.4. It is pertinent to note that the present appellant-Cooperative Society-original petitioner did not participate in the auction at all. The grievance which has been ventilated by the original petitioner- appellant herein is that the auction with regard to grant of leasehold right for sand quarrying in Ibrahimpatnam sand reach, Krishna District was not conducted properly and in accordance with the provisions of the A.P. Minor Mineral Concession Rules, 1966. After hearing the concerned Advocates and looking to the facts of the case, the petitions having been rejected and being aggrieved by the same, these appeals have been filed. Several arguments have been advanced by the learned Advocate appearing for the appellant to the effect that the auction had not been conducted properly. It is pertinent to note that this is not a public interest litigation. The petitioner-society did not participate in the auction at all, though it was aware about the auction proceedings. It is further important to note that there is a provision with regard to filing of an appeal if anyone is aggrieved by grant of lease in pursuance of the auction, but, no appeal has been filed by the appellant. Respondent No.4 in W.P.No. 8940 of 2008, who has been given the leasehold right for sand quarrying in the auction held on 27-3-2008 is a local society and as per the Rules and Regulations, a local society is entitled to have preferential right in the matter of grant of leasehold right and accordingly respondent No.4 was granted leasehold right. So far as W.P.No. 9778 of 2006 is concerned, as respondent No.4 therein, who was initially granted lease, could not comply with the conditions of lease, the lease in its favour had been terminated and in the fresh auction held on 1-12-2006 respondent No.5 had been granted leasehold right. Subsequently, by virtue of order passed in W.P.No. 8940 of 2008 respondent No.4 had become successful bidder in the auction held on 27-3-2008, which is a local society. Admittedly, the appellant herein had not participated in both the auctions held in the year 2006 and 2008. In view of the above, we find that the order passed by the learned Single Judge is just and proper. For the aforestated reasons and for the reasons recorded by the learned Single Judge, we do not find any substance in the appeals and, therefore, the appeals are dismissed with no order as to costs. ______________________ ANIL R. DAVE, CJ 11th July, 2008. __________________________ R. SUBHASH REDDY, J GRR