THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.7906 of 2002 Dated:15.06.2010 Between: Mallela Harendranath Chowdary. ...Petitioner And The District Collector, Guntur District At Guntur, And another. ...Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.7906 of 2002 ORDER: The second respondent issued auction notice on 09.02.2001 for leasing out the sand bearing areas through public auction – cum – tender system as per the relevant rules in respect of various sand reaches including Krishna right flood bank within the limits of Vykuntapuram Village in Amaravathi Mandal of Guntur District. Public auction was held on 28.02.2001. One Mallela Raghu babu became the highest bidder for Vykuntapuram reach. When he failed to pay 25% knocked down amount within twenty four hours, the petitioner being the second highest bidder was offered the lease and he was asked to pay Rs.14,99,999/- towards 25% of bid amount within twenty four hours. Challenging the same, the present writ petition is filed. This Court admitted the writ petition on 21.10.2002. Subsequently, the matter was listed before the Division Bench on 05.11.2002, and the following order was passed. W.P.M.P.No.9881 of 2002 It is now said that as the petitioner herein was not willing to take up the lease the leasehold rights to quarry are given to the next highest bidder. Therefore, there cannot be any stay of the leasehold rights granted to the next highest bidder who is at liberty to proceed further. On the ground that the Government has failed to provide free access to reach the sand quarry and also to provide ramps, the petitioner herein seeks refund of earnest money deposit of Rs.70,000/- which was forfeited by the Government. This is a matter which has to be decided only in the writ petition. We, therefore, post writ petition for final hearing after two weeks along with writ appeal No.1687 of 2002. This Court heard the Counsel for the petitioner and Assistant Government Pleader for Panchayat Raj. Even as per the auction notification, lease is for a period of two years, which expired long back. Further, before the Division Bench the petitioner expressed his disinclination to take up the leasehold rights on the ground that there was no formation of access road/ramps to go to sand quarry. In that view of the matter nothing survives in the writ petition. The Writ Petition is, therefore, dismissed. There shall be no order as to costs. ____________ (V.V.S.RAO, J) 15.06.2010 vs