ALLURI NARAYANA MURTHY RAJU Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THIS writ petition is filed for a writ of mandamus to declare the inaction on the part of the respondents in enabling the petitioner to lift sand during the lease period from 28. 4. 2000 to 27. 4. 2001 and also during the extended lease period from 28. 4. 2001 to 27. 4. 2002, as illegal. The petitioner sought for a consequential direction to respondent No. 2 to refund the bid amount of Rs. 8,35,000/- together with interest.

(2.) THE facts of the case are stated as under: in pursuance of the notification issued by respondent No. 2 on 23. 12. 2000 calling for tenders for auctioning the right to quarry the sand in Gostani River in Maddi Gram panchayat, Padmanabham Mandal, visakhapatnam District, the petitioner made his application by paying necessary E. M. D. Respondent No. 2 conducted auction on 10. 4. 2000 and the petitioner emerged as the highest bidder. The contract was awarded to the petitioner for Rs. 8,35,000/- per year under proceedings dated 22. 4. 2000. The period of contract was of two years commencing from 28. 4. 2000 to 27. 4. 2001 and 28. 4. 2001 to 27. 4. 2002. The petitioner's woes started with the award of contract as the residents of Maddi Village prevented him from carrying on quarry operations on the ground that it will lead to depletion of the ground water affecting the irrigation channels. Consequently, the petitioner approached respondent No. 2 with a request to extend the lease period by one more year without having to pay further lease amount. The representation having been forwarded by respondent No. 2 to the district Level Sand Auction Committee, the said Committee in its meeting held on 31. 5. 2001 extended the lease period from 29. 4. 2001 to 28. 4. 2002. Respondent No. 2 issued formal proceedings dated 10. 6. 2001 to this effect.

(3.) AS the resistance of the villagers against lifting of sand by the petitioner continued even during the extended lease period, the petitioner approached respondent no. 2, who in turn referred the matter to the irrigation and Ground Water Departments to examine the grievance of the villagers and send a report. After due verification, they sent a report to respondent No. 1, wherein it was mentioned that there was no harm to the irrigation structures and also to the ground water level, if sand is quarried.