IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 13203 of 2008 Between: G.Bapaiah, S/o. Dasaratharamaiah, R/o. Kathaveerunipadu Village, Nandigama Mandal, Krishna District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Mines and Geology Department, Secretariat, Hyderabad, rep by its Secretary, 2 The Assistant Director of Mines and Geology, Vijayawada, Krishna District. 3 The District Collector, Krishna 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 appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring action of the respondents 2 and 3 and their subordinates in illegally interfering with petitioner's right to conduct business of quarrying, loading and transportation of sand from Damuluru Sand Reach, Ibrhimpatnam Mandal, Krishna District, as arbitrary, illegal, without jurisdiction, violative of the fundamental Rights guaranteed under Articles 14 and 19 of the Constitution of India, apart from being violative of the A.P.Minor Mineral Concession Rules, 1966 and consequently direct the respondents and their subordinates not to interfere with petitioners right to do business at Damuluru Sand Reach, Ibrahimpatnam Mandal, Krishna District. Counsel for the Petitioner: MR.V.RAMAKRISHNA REDDY 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.13203 of 2008 ORDER: This writ petition is filed seeking a declaration that the alleged action of the respondents 2 and 3 in interfering with the petitioner’s right to conduct business of quarrying, loading and transportation of sand from Damuluru Sand Reach, Ibrahimpatnam Mandal, Krishna District, is arbitrary, illegal and violative of the provisions of A.P.Minor Mineral Concession Rules, 1966. The material on record shows that the petitioner was granted lease in respect of the area in question being the successful bidder in public auction, which was also confirmed by the second respondent-Assistant Director of Mines and Geology, Vijayawada, Krishna District, vide order, dated 02.02.2007. The learned Government Pleader for Mines and Geology appearing for the respondents under instructions stated that the respondents are not interfering with the quarrying operations of the petitioner in any manner whatsoever. In the circumstances, recording the statement of the learned Government Pleader that the respondents are not interfering with the quarrying, loading and transportation operations of the petitioner from Damuluru Sand Reach, in respect of which, he was granted lease, the writ petition is disposed of. No costs. _______________ 25.06.2008 VGB