THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.14850 of 2008 ORAL ORDER: The petitioner herein is the highest bidder in respect of Reach Nos.12, 13 and 14 notified under the notification dated 24.01.2008 as a single package for sand quarrying by means of boats. It is not in dispute that as per condition No.2 of the special conditions, preference shall be given by allowing 10% concession on the highest bid/tendered amount offered in the auction hall to the registered Boatsmen Co-operative Societies registered under the A.P. Co-operative Societies Act, 1964. The petitioner being a registered Boatsmen Co-operative Society claims that it is entitled for the concession extended under condition No.2 of the notification which is in terms of Rule 9 of the Rules issued under G.O. Ms.No.84 dated 10.04.2007. Alleging that the said benefit was not extended to the petitioner, the present writ petition is field seeking a declaration that the action of the respondents is arbitrary and illegal. A plain reading of Rule 9-C of the Rules makes it clear that so far as Reaches identified in major rivers where the sand is lifted and carried by means of boats, the registered Boatsmen Co- operative Society registered under the A.P. Co-operative Societies Act, 1964 is entitled to be given preference by allowing 10% concession on the highest bid/tendered amount offered in the auction hall. The said condition has been reiterated as condition No.2 of the special conditions under the auction notification. In the circumstances, the respondents are bound to comply with the same and the learned Government Pleader for Mines & Geology appearing for the respondents could not dispute the same. In the facts and circumstances, the writ petition is allowed declaring that the petitioner is entitled to the concession of 10% on the highest bid offered by it in the auction hall. The respondents are accordingly directed to take necessary steps in terms there of. 21.07.2008. Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.14850 of 2008 Between: Didugu Sand & Boat Workers Coop.Society Ltd., Didugu rep.by its President K.Venkatarami Reddy,S/o.Koti Reddy, R/o.Didugu village,Amaravathi Mandal Guntur District ..... PETITIONER AND 1 The Government of Andhra Pradesh,rep.by its Secretary Industries & Commerce Department, Secretariat, Hyderabad 2 The District Level Committee, represented by its Chairman and Joint Collector, Guntur District 3 The Director of Mines and Geology, BRKR Building 8th floor, Tank Bund Road, Hyderabad 4 The Assistant Director of Mines and Geology & Member Convenor District Level Committee, Guntur, Guntur 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 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 extending the concession of 10% to the petitioner Boatsmen Coop. Society as notified in the Notification No9.988/Sand/2007 dated 24.1.2008 and as contemplated under Rule 9(c)(1) of A.P.M.M.C.Rules, 1966 for quarrying ordinary sand in Reach Nos.12&14 of Amaravathi Mandal of Guntur District as arbitrary, illegal, unjust and contrary to Rule 9(c)(1) of AP Minor Mineral Concession Rules, 1966 and consequently direct the respondent to extend the benefit of concession under Rule 9(c)(c) of AP Minor Mineral Concession Rules, 1966 and pass Counsel for the Petitioner: Smt. N.SHOBA Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following: