KOLLI BUTCHI KOTESWARA RAO Vs. DISTRICT LEVEL COMMITTEE

JUDGEMENT

(1.) Invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner, who is a Sand Contractor, has filed this writ petition praying for the following relief:

(2.) Pursuant to a Tender Notification bearing No. 1301/2003 issued on 13-8-2003, for leasing out Pulligadda Sand Reach No.II by sealed tender-cum-public auction for a period of 15 days, it is the case of the petitioner that respondent No.3, who was the highest bidder in the auction, was granted temporary permit on 4-9-2003 valid from 8-9-2002 upto 19-9-2003. Thereafter, it is the case of the petitioner that respondent No. 2 instead of inviting tenders for leasing out and granting temporary permits, went on granting temporary permits in succession in favour of respondent No. 3, and the last such temporary permit was granted on 26-2-2004 valid upto 10-3-2004. Assailing the action of respondent No.2, in granting temporary permits to respondent No.3 in succession, without putting the Reach in question to auction by way of tender-cum-public auction, as illegal and arbitrary, the petitioner filed the present writ petition. It is the case of the petitioner that there is no provision either in the A.P. Minor Mineral Concession Rules, 1966 (for short 'the Rules') or in the Mines and Minerals (Development and Regulation) Act, 1957 (for short 'the Act') which invests power with the respondents to grant temporary permits in succession only to one person without conducting any auction.

(3.) Heard the learned counsel for the petitioner and the learned Additional Advocate General on behalf of Government Pleader for Panchayat Raj for respondent Nos. 1 and 2 and the learned counsel for respondent No.3