IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 3406 of 2008 Between: M/s. Alluri Subba Raju & Co., Rep. by its Managing Partner Sri A. Ashok, S/o. Subba Raju, R/o.#8-22-15/5, Datla Street, Gandhinagar, Kakinada, E.G. District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Secretary, Industries and Commissioner, Secretariat, Hyderabad. 2 The Director, Mines and Geology, 8th floor, BRKR Buildings, Tank Bund Road, Hyderabad. 3 The District Level Committee (Sand, rep. by its Chairman and Joint Collector, E.G. District, Kakinada. 4 The Assistant Director of Mines and Geology, and member Convenor, District Level Committee, East Godavari District, Rajahmundry. .....RESPONDENTS 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 respondents in not considering the representation of the petitioner dt. 06.12.2007 and in not passing orders in pursuance of Letter No.2016/2006/A.12(P.5) dt. 06.12.2007 of the Asst. Director of Mines and Geology and in proceeding to put to auction of Package No.5 (Kulla-Kotipalli-Masakapalli) along with other packages / reachers as arbitrary, illegal, unjust and unconstitutional and pass such other order or orders. Counsel for the Petitioner: SMT.N.SHOBA Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following: THE HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA WRIT PETITION NO.3406 of 2008 ORDER: This Writ Petition is filed for a Writ of Mandamus declaring the action of the respondents in not considering the representation of the petitioner dated 6.12.2007 and in not passing orders in pursuance of letter No.2016/2006-A12(P.5), dated 6.12.2007 of the Assistant Director of Mines and Geology and in proceeding to put to auction of PackageNo.5 (Kulla – Kotipalli – Masakapalli) along with other packages/reaches as arbitrary, illegal, unjust and unconstitutional and pass such other suitable orders. 2. Smt.Shobha N., learned counsel representing the petitioner submits that the Government issued Memo No.538/SPIU & Sand/2008- 1, dated 12.2.2008 directing the Director, Mines and Geology i.e., 2nd respondent, to submit his remarks into the subject. 3. In view of the above, this Court is of the view that no further orders need be passed in this Writ Petition, but suffice to state that the 2nd respondent is directed to furnish the report before 31.3.2009 as that is the date on which the present lease notice expires. 4. With the above direction, the Writ Petition is dismissed. There shall be no order as to costs. --------------------------- 17.03.2008 SSR To 1 The Secretary, Industries and Commissioner, Government of Andhra Pradesh, Secretariat, Hyderabad. 2 The Director, Mines and Geology, 8th floor, BRKR Buildings, Tank Bund Road, Hyderabad. 3 The District Level Committee (Sand, rep. by its Chairman and Joint Collector, E.G. District, Kakinada. 4 The Assistant Director of Mines and Geology, and member Convenor, District Level Committee, East Godavari District, Rajahmundry. 5 2CCs to G.P. for Mines & Geology (OUT). 6 2CD copies Form-NIC-OGS/WP{MSN}