IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11855 of 2008 Between: Bathini Gangadhar S/o.Basling R/o.Kistapur village Birkur Mandal, Nizamabad District ..... PETITIONER AND 1.The Government of Andhra Pradesh, rep.by its Secretary Industries & Commerce Department, Secretariat, Hyderabad 2.The Director of Mines and Geology, 8th floor, BRKR Building, Tank Bund Road, Hyderabad 3.The Deputy Director of Mines and Geology,Nizamabad 4.The Asst.Director of Mines and Geology, Nizamabad .....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 auction Notification No.1510/Sand/2007 dated 4.6.2008 notifying the sand reaches Pulkal Sand REach of Bichkunda Mandal and Hungarga Sand Reach of Kotagiri Mandal, Nizamabad District as arbitrary, illegal, unjust and contrary to the Rules framed under of G.O.Ms.No.84 Industries & Commerce (MI) Department dated 10.4.2007 consequently call for the records and set aside the notification No.1510/Sand/2007 dated 4.6.2008. Counsel for the Petitioner: SMT.N.SHOBA Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.11855 of 2008 ORDER: This writ petition is filed seeking a declaration that the action of the respondents in issuing auction notification, dated 04.06.2008, relating to Pulkal Sand Reach of Bichukonda Mandal and Hungarga Sand Reach of Kotagiri Mandal, Nizamabad District, is arbitrary and illegal. Primarily, it is contended that since 15 days time before the date of auction as required under sub-rule (1) of Rule 9D of the Rules made under G.O.Ms.No.84, dated 10.04.2007, has not been maintained, the notification is illegal. It is also contended that before issuing notification, the notifying authority did not obtain a report from the Ground Water Department as required under law. In view of the same, this Court while directing notice by order, dated 11.06.2008, granted interim stay of auction scheduled to be held on 12.06.2008. The learned Government Pleader for Mines and Geology, under instructions, stated that having regard to the Rule position, the respondents have issued an errata fixing the date of auction as 18.06.2008 and the same was published in the newspapers, dated 12.06.2008. The said fact has not been disputed by the learned counsel for the petitioner. The learned Government Pleader also stated that the permission of the Ground Water Department has also been obtained. In the circumstances, no further enquiry is necessary in this writ petition. Recording the submission of the learned Government Pleader, the writ petition is disposed of accordingly. No costs. _______________ 17.06.2008 VGB