IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 27475 of 2008 Between: S.Venkata Srinivasa Reddy, S/o. Ramakrishna Reddy, R/o. Aravali Village, Attili Mandal, West Godavari District. ..... PETITIONER AND 1. The Government of Andhra Pradesh, Rep by its Secretary to Industries & Commerce Department, Secretariat Buildings, Hyderabad. 2. The Joint Collector & chairman, District Level Committee & Member Convenor, East Godavri District at Kakinada. 3. The Director of Mines and Geology, 8th Floor, VBRKR Buildings, Tank Bund, Hyderabad. 4. The Deputy Director of Mines and Geology, Kakinada, East Godavari District. 5. The Assistant Director of Mines and Geology, Rajahmundry, East Godavari District. 6. The Tahsildar, 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 a writ, order or direction, more particularly one in the nature of a Writ of Certiorari declaring the action of the 1st respondent in substituting Rule 9-X (e) to Andhra Pradesh Minor Mineral Concession rules, 1966 by virtue of G.O.ms. No.84 Industries & Commerce (M1) Department, Dt.10-4-2007 which was published in the A.P., Gazette bearing No.27, dated 12-4-2007 and also clause 18 in G.O.Ms.No.24 Industries & Commerce (M1) Department, dated 12-2-2007 as null and void and contrary to Articles 14, 19 and 21 of the Constitution of India, against the Fundamental Rights and Principles of Natural justice and also declare the action of the respondents in not allowing the petitioner quarrying of sand using proclainers at Reach No.4 at Jonnada Village, as illegal, arbitrary and unconstitutional and consequentially quash the above Rule i.e., rule 9-X(e) of Andhra Pradesh Minor Mineral Concession Rules, 1966 by virtue of G.OMs.No.84 Industries & Commerce (M1) Department, Dt.1-4-2007 and also clause 18 in G.O.Ms.No.24 Industries & Commerce (M1) Department, dated 12-2-2007 by directing the respondents to allow the petitioner to use proclainers in quarrying sand and loading, in Reach No.4 at Jonnada, East Godavari District. Counsel for the Petitioner :MR.N.RAVI PRASAD Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) The petitioner in this writ petition states that he is doing business in sand quarrying and he was successful bidder to quarrying of sand at Jonnada reach for the period from 01-10-2007 to 31-03-2009. The learned Government pleader for Mines and Geology submits that even according to the petitioner, lease granted to him was expired and a fresh successful bidder has been granted the lease, and therefore the writ petition has become infructuous. Having regard to the facts and circumstances, the writ petition is dismissed as infructuous. No order as to costs. _____________________ GHULAM MOHAMMED, J _____________________ VILAS.V.AFZUL PURKAR, J July 22, 2009. DSH/KK.