KANAKA DURGA AGNIKULA KSHATRIYA SAND QUARRY BOATSMEN AND FISHERMAN CO OP SOCIETY LTD Vs. DISTRICT PANCHAYAT OFFICER AND DISTRICT MEMBER AND CONVENOR KAKINADA

JUDGEMENT

(1.) These three writ petitions were heard together. This common order shall dispose of the three writ petitions.

(2.) The petitioner in W.P. No.20854 of 2005 is a co-operative society. The society became highest bidder in the auction conducted by the respondents for leasing out the right to quarry sand in reach 44 at Razole in Godavari River. As per the conditions, the petitioner was required to pay the bid amount of Rs.1,57,500/- (after allowing ten per cent concession as it is a Boatsmen Society) in four instalments. The petitioner allegedly paid all the instalments. Be that as it is, after the petitioner paid a sum of Rs.80,000/- reach 44 was handed over to the petitioner. It is alleged that for one reason or the other, the petitioner could not conduct sand query operations for a period of about two months from 26.12.2004 to 25.2.2005. Therefore, the petitioner submitted a representation on 12.9.2005 seeking refund of proportionate lease amount or extension of lease for the period during which he could not carry on operations. When first respondent issued an auction notice dated 13.9.2005 proposing to conduct auction for the period from 1.10.2005 to 30.9.2006, the petitioner filed the present writ petition.

(3.) The petitioner in W.P. No.20861 of 2005 participated in the auction conducted by the respondent on 19.10.2004 for leasing out the right to quarry sand in reach 36 of Godavari River at P. Gannavaram. The petitioner allegedly paid the entire amount of Rs.14,00,000/-. According to the petitioner, reach 36 was handed over to him after confirmation of the lease by competent authority but for various reasons the petitioner could not carry on the operations for a period of two months. Therefore, he submitted representation on 9.9.2005 seeking refund of lease amount and extension of lease. When the respondents issued an auction notice dated 13.9.2005, the petitioner filed the present writ petition