IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.27484 OF 2009 Dt.17.12.2009 Between: Sagi Venkata Ramachandra Raju and others … Petitioners And The Government of Andhra Pradesh Rep. by its Principal Secretary, Industries Department, Secretariat Buildings, Hyderabad and others … Respondents Counsel for the Petitioners : Sri V.V.N. Narayana Rao Counsel for Respondent Nos.1 and 6: G.P. for Industries and Commerce Counsel for Respondent Nos.2 to 4: G.P. for Revenue Counsel for Respondent No.7:G.P. for Irrigation & Command Area Development THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.27484 OF 2009 ORDER: (per the Hon’ble Sri Justice C.V. Nagarjuna Reddy) This Writ Petition is filed for a Mandamus to declare the inaction of the respondents in preventing illegal sand quarrying in River Thandava, Tuni Mandal, East Godavari District, as illegal and arbitrary. At the hearing, the learned Government Pleader for Industries placed before this Court a fax copy of a brief note sent by the Assistant Director of Mines and Geology (FAC), Rajahmundry, wherein it is stated that various steps are being taken for preventing illegal sand quarrying. These steps included seizure of vehicles used in transportation of sand on 25.8.2009, 17.9.2009 and 20.10.2009 and collection of penalty from the persons responsible for such illegal sand quarrying. Sri V.V.N. Narayana Rao, learned Counsel for the petitioners, submitted that the illegal sand quarrying is continued unabated. He invited our attention to a recent representation made on 7.11.2009 by the villagers in this regard. It is stated in the brief note referred to above that the Director of Mines and Geology, Hyderabad, in proceedings dt.14.7.1990 delegated powers to take action, to the concerned Sarpanches and Mandal Parishad Development Officers (MPDOs) etc., and that the Assistant Director of Mines and Geology has requested the Tahsildar and the MPDO, Tuni, to control illegal quarrying and transportation of sand. From the instructions placed by the learned Government Pleader for Industries before the Court, we are satisfied that proper measures are taken to prevent illegal sand quarrying. Having regard to the submission made by the learned Counsel for the petitioners that in spite of these steps, illegal sand quarrying is continued, we permit the petitioners to make a representation. As and when illegal sand quarrying takes place and on such representations being made, the Tahsildar and the MPDO, Tuni, shall take appropriate action to prevent such an activity. Subject to the above observations, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, W.P.M.P. No.35794 of 2009, filed by the appellants – petitioners for interim relief, is disposed of as infructuous. ______________ ANIL R. DAVE, CJ ______________________ C.V. NAGARJUNA REDDY, J 17.12.2009 bnr