Sree Srinivasa Engineering Company v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.6070 of 2016 ORDER:

The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon'ble Court may be pleased to call for the records and issue a WRIT OF MANDAMUS declaring the action of the 1st respondent in Memo No.17620/M.II(1)/2015-7, dated 17-02-2016 as arbitrary, illegal, unjust, unconstitutional, null and void and contrary to the Rules framed vide GO Ms.No.20, Industries and Commerce Department dated 15-01-2016 apart from fundamental rights guaranteed under Article 19 of Constitution of India and consequently direct the respondents to process the tender of the petitioner (Buyer Registration No.71734 given by MSTC) in respect of Pandalaparru Sand Reach, Nidadavole Mandal, West Godavari District and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

Learned Assistant Government Pleader for Mines and Geology stated that in the light of the changed policy of the State in relation to sand mining, all notifications issued earlier for grant of mining rights stand cancelled. A copy of Memo No.3066/M.II(1)/2016-3 dated 04.03.2016 issued by the Industries & Commerce Department of the State of Andhra Pradesh is placed on record and bears out this fact. The prayer of the petitioner therefore does not survive for consideration on merits at this stage.

The writ petition is accordingly dismissed.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR Date:16.03.2016 IBL