IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND NINE :PRESENT: THE HON'BLE SRI ANIL R.DAVE, THE CHIEF JUSTICE. AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 4284 of 2009 Between: 1 Rajulapati Venkata Subba Rao, S/o. Basava Rao, R/o. Vallurupalem Village, Thotlavalluru Mandal, Krishna District. 2 Vallurupalem Grampanchayat, Thotlavalluru Mandal, Krishna District. rep. by its Sarpanch, Rajulapati Venkata Subba Rao ..... Petitioners AND 1 The Government of Andhra Pradesh, Industries & Commerce (SPIU & SAND) Department, Secretariat Building, Hyderabad rep. by its Secretary. 2 The Director of Mines & Geology, 8th Floor, BRKR Bhavan, Near Tank Bund, Hyderabad. 3 The Asst. Director of Mines & Geology -cum- Member convener, District Level Sand Committee, Vijayawada, Krishna District. 4 T.Babu Rao, S/o. T.Kotaiah, R/o. D.No. 50-7-4/1, SBH Colony, Opp: Sai Baba Temple, Patamata, Vijayawada, Krishna District. .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring order of the 1st respondent dated. 31.1.2009 made in Memo No. 14243 / SPIU & SAND / 2008-2, in granting extension of 159 days to enable the 4th respondent to conduct quarry operation from Vallurupalem Sand Reach, Thotlavalluru Mandal, Krishan District and consequential inaction of the 3rd respondent in not conducting public auction for grant of lease hold rights to quarry sand from Vallurupalem Sand Reach, in terms of the auction notice No. 772/Q/2007, dated 30.10.2008 as arbitrary, illegal, colourable exercise of power, discriminatory, non application of mind to the material available on records, violative of Rules made under the A.P. Minor Mineral Concession Rules, 1966 and consequently set - a-side the impugned order by directing the respondents 1 to 3 to conduct quarry operations. The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and upon hearing the arguments of Sri C.V.R.RUDRA PRASAD, Advocate for the Petitioners and GP for Mines and Geology for Respondent Nos. 1 to 3, the Court made the following: ORDER: Implementation of the impugned order is stayed until further orders. To be heard with WPNo. 3372/2009. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The Secretary, Industries & Commerce (SPIU & SAND) Department, Secretariat Building, Government of Andhra Pradesh, Hyderabad. 2 The Director of Mines & Geology, 8th Floor, BRKR Bhavan, Near Tank Bund, Hyderabad. 3 The Asst. Director of Mines & Geology -cum- Member convener, District Level Sand Committee, Vijayawada, Krishna District. 4 T.Babu Rao, S/o. T.Kotaiah, R/o. D.No. 50-7-4/1, SBH Colony, Opp: Sai Baba Temple, Patamata, Vijayawada, Krishna District.(RR 1 to 4 by RPAD) 5. One CC to Sri. C.V.R.Rudra Prasad, Advocate, (OPUC) 6. Two CCs to GP for Mines and Geology, High Court of A.P., Hyd. (OUT) 7. Two spare copies, JU HIGH COURT HCJ & RRJ DT. 3.3.2009 ORDER WP NO. 4284/2009 STAY Drafted by JU Dt. 4.3.2009. HIGH COURT HCJ & RRJ DT. 3.3.2009 ORDER WP NO. 4284/2009 STAY