IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.6103 of 2008 Between: The Damuluru Boatsmen and Sand Loading Unloading Labour Contract Cooperative Society Ltd., No. G.3111, Damuluru, IbrahimpatnamMandal, Krishna District, rep. by its President, Mr. Chinta Veeranjaneyulu S/o. Sivashankar Rao, aged 30 yrs, R/o. D.No. 11-125, Ibrahimpatnam (Ferry), Krishna District-521 456. ..... PETITIONER AND 1.The Government of Andhra Pradesh, Industries and Commerce (M.1) Department, Secretariat Building, Hyderabad, rep. by its Secretary. 2.The District Level Committee for Sand Auctions, Krishna District, rep. by its Chairman -Cum-Joint Collector, Krishna. 3.The Assistant Director of Mines and Geology, Vijayawada Cum Member Convenor, District Level Committee for Sand Auctions, 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 the Auction Notice No. 478/Q/2007 dt. 7-3-2008 issued by the 3rd respondent in respect of Sl.No. 1 Ibrahimpatnam Sand Reach, Ibrahimpatnam Mandal, Krishna District, and the inaction of the 1st respondent in not considering the representation dt.10-3-2008 submitted by the petitioner and proceeding to conduct auctions, as arbitrary, illegal, colourable exercise of power, violative of the A.P. Minor Mineral Concession Rules, 1966 apart from being violative of the Fundamental Rights guaranteed under Articles 14 and 19(1)(g) of the Constitution of India and consequently direct the respondents not to proceed with the auction scheduled to be held on 27-3-2008 in respect of Sl.No.1 Ibrahimpatnam Sand Reach, Ibrahimpatnam Mandal, Krishna District till the petitioner's request is considered by the 1st respondent. Counsel for the Petitioner: MR.C.V.R.RUDRA PRASAD Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.6103 of 2008 ORDER: Petitioner-boatsmen cooperative society, seeks to assail the auction notice dated 07.03.2008 issued by the third respondent proposing to conduct auction in respect of Sl.No.1 of Ibrahimpatnam Sand reach. It is the case of the petitioner that Rule 9C of the rules issued under G.O.Ms.No.84 Industries and Commerce (M1) Department, dated 10.04.2007, provides for special concessions to local registered boatsmen cooperative societies. Therefore, it being a local registered society to the reach in question, gave a representation on 10.03.2008, to the respondents to consider its case as per the said rule. Now its grievance is that without considering its representation, the respondents are proceeding to conduct auction on 27.03.2008. Hence, this writ petition. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Mines and Geology. Having heard both the counsel and on a perusal of the entire record, this Court is satisfied that the petitioner is entitled for preferential rights over the other societies in question. As the petitioner has already submitted a representation claiming preferential rights, I deem it appropriate to direct the respondents to consider the said representation and pass appropriate orders in accordance with law. Accordingly, the writ petition is disposed of, at the stage of admission, directing the respondents to consider the representation of the petitioner dated 10.03.2008 and pass appropriate orders. As the auction is scheduled to be held on 27.03.2008, the respondents shall consider the representation of the petitioner and pass appropriate orders before 27.03.2008. There shall be no order as to costs. _________ 24.03.2008 Note: Communicate the operative portion of the Order by wire at party’s cost. (B/o) sh ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.The Secretary, Government of Andhra Pradesh, Industries and Commerce (M.1) Department, Secretariat Building, Hyderabad. 2.The Chairman -Cum-Joint Collector, District Level Committee for Sand Auctions, Krishna District, Krishna. 3.The Assistant Director of Mines and Geology, Vijayawada Cum Member Convenor, District Level Committee for Sand Auctions, Krishna District. 4.2CCs 5.2CD copies