IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 4796 of 2008 Between: Thummalapalem Gram Panchayat, Ibrahimpatnam Mandal, Krishna District rep by its Sarpanch Smt. Chellu Nagamani. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Industries and Commerce (M.I) Department, Secretariat Buildings, Hyderabad, rep by its Secretary. 2 The District Level Committee for Sand Auctions, Krishna District rep by its Chairman-cum-Joint Collector, Krishna District. 3 The Assistant Director of Mines and Geology, Viayawada cum Member Convenor District Level, Committee for Sand Auctions, Krishna 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 an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring inaction of the respondents in not considering the resolutions dated 2-1-2008, 6-2-2008 and 26-2-2008 passed by the petitioner Gram Panchayat seeking to conduct auctions for grant of leasehold rights to quarry sand from 7.2 KM to 9.3 KM of Thummalapalem Gram Panchayat limits, Ibrahimpatnam Mandal, Krishna District separately, as arbitrary, illegal, contrary to Rule 9-B of the Rules, Colourable Excise of power and violative of the Constitution mandate and consequently direct the respondents not to issue notification treating the entire area as Guntupally Reach pending consideration of the request made by the petitioner. Counsel for the Petitioner:MR.ANDAPALLI SANJEEV KUMAR Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : Form-NIC-OGS/WP{TRT} O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in not considering the Resolutions dated 2.1.2008, 6.2.2008 and 26.2.2008 passed by the petitioner-Gram Panchayat seeking to conduct auctions for grant of leasehold rights to quarry sand from 7.2 KM to 9.3 KM of Thummalapalem Gram Panchayat limits, as arbitrary and illegal, and consequently direct the respondents not to issue notification treating the entire area as Guntupallly Reach pending consideration of the request made by the petitioner. The case of the petitioner is that it is a minor Gram Panchayat and it receives meager amounts from the Government and the same is not sufficient for developing and providing amenities in the village. The petitioner is in between Guntupalli and Ibrahimpatnam Gram Panchayats, which are notified as major Gram Panchayats. Whenever the respondents issue auction notification for grant of leasehold rights to quarry sand, the same is being done referring to the area as Guntupally Sand Reach from 6 KM to 9.3 KM. The auctions in respect of this Reach was held at the end of 2006 and the same expired in January, 2008. At that point of time, the right to conduct auctions were within the realm of the Panchayat Raj Department headed by the Zilla Parishad Chairman as Chairman of the 2nd respondent-District Level Committee for Sand Auctions. In the meeting held on 2.1.2008 under the petitioner’s Chairmanship, it was unanimously resolved to request the 3rd respondent to take steps for conducting sand auctions only in respect of the petitioner- Gram Panchayat. Similarly, the petitioner passed another resolution on 6.2.2008. Now, the petitioner’s grievance is that In spite of the repeated requests made by it and its members, the respondents did not choose to act upon the resolutions passed by the petitioner-Gram Panchayat. Heard the learned counsel for both the parties and perused the material placed on record. From a perusal of the Resolution passed by the petitioner-Gram Panchayat, it is clear that Subject No.29 dealt with the leasehold rights to quarry sand in respect of Thummalapalem Gram Panchayat limits from 7.2 kms to 9.3 kms. When once resolutions are passed and the same are brought to the notice of the authorities by the petitioner by way of making representations, dated 3.1.2008 and 7.2.2008, the authorities should have passed appropriate orders instead of keeping the petitioner in darkness. Hence, I deem it appropriate to direct the 3rd respondent-Assistant Director of Mines and Geology to consider the resolutions passed by the petitioner as well as the representations made by it and pass appropriate orders as contemplated under Rule 9 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 (G.O.Ms.No.84, dated 10.4.2007) within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, this writ petition is disposed of. No costs. _______________ 07.03.2008 Note: Furnish copy in two days B/o bcj