THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.1568 of 2010 DATE:01.02.2010 Between: Karnati Sarath .... Petitioner and The Government of Andhra Pradesh, Industries and Commerce Department, secretariat, Hyderabad and another .... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.1568 of 2010 ORDER: According to the petitioner, the 2nd respondent has issued a notice on 07.03.2008 inviting applications for grant of leasehold rights to quarry sand from Kodavatikallu Sand Reach, Chandarlapadu Mandal, Krishna District. Pursuant thereto, he participated in the auction held on 27.03.2008 and became the highest bidder and paid an amount of Rs.2,47,00,000/- towards 25% of the highest bid amount on 29.03.2008. While things stood thus, basing on a representation submitted by the village ryots, the 1st respondent granted stay of lifting of sand from Kodavatikallu Sand Reach, until further orders, by an order dated 01.12.2008, and subsequently, he vacated the said order, by an order dated 28.03.2009, and directed the 2nd respondent to issue confirmation order and execute a lease deed in his favour. He filed W.P.No.8796 of 2009 before this Court seeking permission to pay the first year lease amount in four equal instalments and this Court was pleased to allow the writ petition by an order dated 27.04.2009. Pursuant thereto, the 1st respondent has issued a Memo No.16382/SPIU & Sand/2009-4, dated 02.05.2009 permitting him to pay the first year year lease amount in four equal instalments. Accordingly, he paid the first year lease amount in four equal instalments. Thereafter, as he has to pay the 2nd year lease amount along with 20% enhancement on the 1st year lease amount, 45 days prior to the expiry of the 1st year lease period i.e. 31.03.2010, he made a representation to the respondents on 04.01.2010 requesting to permit him to pay the 2nd year lease amount in four equal instalments. But however, as no orders have been passed so far, he approached this Court and filed the present writ petition. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Mines and Geology. 3. The learned counsel for the petitioner has submitted that in a similar case of this nature i.e. in W.P.M.P.No.11538 of 2009 in W.P.No.8796 of 2009, this Court, by an order dated 27.04.2009, directed the respondents therein, to accept the balance bid amount in four equal quarterly instalments other than Income Tax, Security Deposit, Stamp Duty, etc. without forfeiting the amounts already deposited by invoking powers under Section 9 (k) (3) of the A.P. Minor Mineral Concession Rules within a period of two weeks from the date of receipt of the order. He has also submitted that as the respondents retained the 25% of highest bid amount with them for more than one year without giving any benefit, the petitioner sustained huge financial loss. 4. In the light of the order dated 27.04.2009 passed by this Court In W.P.M.P.No.11538 of 2009 in W.P.No.8796 of 2009 and taking into consideration the fact that the amount paid by the petitioner towards 25% of the highest bid amount is lying with the respondents since 29.03.2008 without giving any benefit to him, this Court is of the view that the writ petition can be disposed of, with a direction to the respondents to permit the petitioner to pay the second year lease amount in four equal quarterly instalments other than Income Tax, Security Deposit, Stamp Duty, etc. without forfeiting the amounts already deposited by invoking powers under Section 9 (k) (3) of the A.P. Minor Mineral Concession Rules, 1966, within a period of two (2) weeks from the date of receipt of a copy of this order. 5. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 1st February, 2010 cbs THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.1568 of 2010 (Disposed of) 1st February, 2010 cbs