THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.14700 of 2010 Dated:25th June, 2010 Between:
1. Tirukuti Sattipandu & Ors. and ….Petitioners
1. The Government of A.P., Industries and Commerce Department, Secretariat, Hyderabad rep. by its Secretary and others.
…Respondents **** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.14700 of 2010 ORDER:
This Writ Petition has been filed by the petitioners, who are three in number, assailing the action of the Government of A.P., Industries and Commerce Department, Hyderabad rep. by its Secretary-1st respondent in not considering the stay application filed by them pending the revision, which has been filed assailing the order passed by the Colelctor, East Godavari District-cum-Confirming Authority, DLSC-3rd respondent.
2. The District Level Committee for Sand Auctions, East Godavari District-2nd respondent issued auction notice proposing to hold public auction for grant of leasehold rights to extract mineral from the Vemagiri and Kadiyapulanka Sand Reach. The auction was held on 26.04.2010. R.Siva Prasad Babu-4th respondent became the highest bidder. He deposited 25% of the bid amount. The balance 75% seems to have been not deposited within the stipulated time by the 4th respondent. Thereupon, the 1st respondent condoned the delay in payment of lease amount, by order dated 12.05.2010. The petitioners filed revision before the 1st respondent assailing the grant of leasehold rights in favour of the 4th respondent. They also moved stay application. There being no action either on the revision or on the stay application, they approached this Court invoking the jurisdiction under Article 226 of the Constitution of India.
3. When the Writ Petition came up for admission, learned Asst. Government Pleader for Mines and Geology takes notice on behalf of the respondents 1 to 3.
4. Heard leaned counsel appearing for the petitioners and learned Asst. Government Pleader for Mines and Geology appearing for the respondents 1 to 3.
5. The factual aspect of pendency of the revision filed by the petitioners before the 1st respondent is not contradicted by the learned Asst. Government Pleader for Mines and Geology.
6. In that view of the matter, the Writ Petition is disposed of at the admission stage directing the 1st respondent to consider the revision or the stay application filed by the petitioners and pass appropriate orders within six weeks from the date of receipt of a copy of this Order. No costs.
B.SESHASAYANA REDDY, J.
Date:25th June, 2010.
cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.14700 of 2010 Dated:25th June, 2010