HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.25293 of 2010
Date: April 23, 2014
Between:
Vellasari Jaya Cyhandra.
… Petitioner And
1. The Government of Andhra Pradesh, Department of Andhra Pradesh and Commerce (SPIU & SAND), Hyderabad, rep. by its Secretary & 2 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.25293 of 2010
O R D E R:
Heard learned counsel for the petitioner and learned Government Pleader for the respondents.
2. The 3rd respondent issued auction notification dated 18.04.2009 for grant of leasehold rights to quarry sand from the reaches notified therein. The petitioner participated in the said auction held on 18.05.2009 and became successful bidder for an amount of Rs.20,00,000/- and paid 25% of the knocked down bid amount. It appears that W.P. No.9838 of 2009 was pending before this Court and in view of the same, the authorities did not issue orders of confirmation till 02.12.2009. As the writ petition was withdrawn on 20.10.2009, in pursuance of the said orders of confirmation the petitioner paid the entire knocked down amount as directed by the 3rd respondent. But the 3rd respondent failed to execute lease deed even after paying the entire amount. The petitioner filed W.P. No.28519 of 2009 seeking a direction to execute lease deed and the same was disposed of at the stage of admission on 30.12.2009. Thereafter, a lease agreement was executed on 23.01.2010. When the petitioner was preparing to quarry the sand, the 3rd respondent orally directed him to stop quarrying operations, as there was stay orders from this Court. The work was stopped and bill books were submitted to the 3rd respondent on 29.03.2010. When the petitioner came to know that the court cases were cleared in the month of July 2010, he submitted a representation on 21.08.2010 requesting for permission to quarry the sand. But no permission was accorded to the petitioner. In those circumstances, the present writ petition was filed challenging the action of the respondents in not allowing him to quarry the sand in respect of Reach No.23 in Penna River, Kallur Rajupalem Village limits of Kaluvoy Mandal, SPSR Nellore District.
3. A perusal of the orders of confirmation dated 02.12.2009 indicates that the petitioner was granted leasehold rights for a period of two years from the date of execution up to 31.03.2011. Till the end of the said period, the petitioner was not allowed to execute even though he filed the present writ petition and since there was no interim order in the present writ petition.
4. Now, the learned Government Pleader on instructions states that the Assistant Director of Mines and Geology stated that they are willing to refund the proportionate lease amount, since the petitioner obtained dispatch permits for 3000 cubic metres. The learned counsel for the petitioner vehemently denies the receipt of any dispatch permits or quarrying the sand during the subsistence of lease period. The petitioner specifically stated that all the bill books were submitted to the 3rd respondent on 29.03.2010. Now the Assistant Director of Mines and Geology in the instructions also admits that he issued proceedings No.2469/S/2009 dated 02.03.2010 directing the petitioner to stop the quarrying operations in the aforesaid leased area.
5. In the circumstances, the writ petition is disposed of directing the 3rd respondent to verify the record whether the dispatch permits alleged to have been obtained by the petitioner for 3000 cubic metres were in fact utilized, as at no point of time the petitioner was permitted to quarry the leased area. Depending upon the inspection of the records the lease amount may be refunded to the petitioner within a period of one month from the date of receipt of a copy of this order. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: April 23, 2014 BSB
69 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.25293 of 2010
Date: April 23, 2014
BSB