IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 21515 of 2008 Between: Alluri Subba Raju & company, Rep. by its Managing Partner Sri A.Ashok, S/o. Subba Raju, No. 8-22-215/5, Datla Street, Gandhinagar, Kakinada, East Godavari District. ..... PETITIONER AND 1 The District Collector, East Godari District, at kakinada. 2 The Director of Mines and Geology, 8th Floor, BRKR Buildings, Tank Bund, Hyderabad. 3 The Deputy Director of Mines and Geology, Kakinada, East godavari District. 4 The Assistant Director of Mines & Geology, Rajahmundry, East Godavari District. 5 The Tashildar, Ravulapalem Mandal, East Godavari District. .....RESPONDENT(S) 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 an order or writ one in the nature of writ of Mandamus, declaring the action of the Asst. Director of Mines and Geology the 4th respondent herein not issuing Transit Passes under A.P.mineral Dealers Rules, 2000 pursuantr to registration of licence granted under Form D vide Regn. No.05/3828/MDRC-240/RJY/2008 Dated 13-08-2008 for transporting sand from the place of business specified under the licence as arbitrary, illegal, unjust, contrary to A.P. Mineral Development Rules, 2000 apart from violation of principles of natural justice. Counsel for the Petitioner: SMT.N.SHOBA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO.21515 OF 2008 ORDER: Aggrieved by the order of the Assistant Director of Mines canceling the license granted in the petitioner’s favour, which enabled him to purchase sand from the lessees, who held a valid permit, the petitioner preferred an appeal to the Director of Mines and Geology. The said order was set aside. It is not in dispute that, consequent upon the order being set aside in appeal by the Director, the petitioner has a valid license till the end of November, 2008. Learned Government Pleader for Industries and Commerce would submit that the respondents would continue to issue transit passes in the petitioner’s favour till the end of the period for which licence was granted earlier by the Director of Mines and Geology. While Smt.N.Shoba, Learned Counsel for the petitioner, would submit that the petitioner could seek extension of lease by approaching the Director, it is not for this Court to presume as to what order the Director would pass. Suffice to hold that the respondents shall issue transit passes to the petitioner till expiry of the period for which license was granted earlier by the Director of Mines and Geology under the A.P. Mineral Dealers Rules. The writ petition is disposed of accordingly. No order as to costs. _____________ 18-11-2008 asp