IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 24349 of 2007 Between: Sheri Indra Sena Reddy, s/o Bal Reddy, R/o D.No.12-13-1085/72, Shiridi Sai Nagar Colony, Tarnaka, Secunderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Department of Mines & Geology represented by its Assistant Director, Warangal. 2 The District Level Committee for Sand Auctions, Warangal District, Warangal, represented by its member Convenor-cum-Assistant Director. 3 The Government of Andhra Pradesh, Groundwater Department, represented byits Deputy Director, Warangal. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus, declaring action of the respondents in not conducting groundwater survey in respect of Peddamaduru Village and in not granting permission to the petitioner to lift the sand from his patta land situated in Sy.No.284 admeasuring ac.1.09 gts., of Peddamaduru Village, Devarappala mandal, Warangal District, as arbitrary, illegal, failure to exercise power, violative of the A.P.Minor Mineral Concession Rules, 1966, contrary to the provisions of the A.P.Water, Land and Trees Act, 2002 and the Rules made thereunder, apart from being violative of the decisions of this HOn'ble Court and violative of Fundamental Rights guaranteed under Articles 14 and 19 and the Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently direct them to consider petitioners case and pass suchother order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.C.V.R.RUDRA PRASAD Counsel for the Respondents: GP FOR MINES AND GEOLOGY The Court made the following : THE HON’BLE MR. JUSTICE GOPALA KRISHNA TAMADA W.P.NO. 24349 OF 2007 ORDER: The petitioner purchased an extent of Ac1.09 guntas in Sy.No. 284 and Ac.2-33 guntas in Sy.No. 478/A of Peddamaduru village, Devarappala Mandal, Warangal District and ever since the purchase, he is in possession and enjoyment of the same. While so, due to heavy rains in the area, the sand accumulated in the said land, as a result the petitioner was unable to conduct agricultural operations. Though he tried to lift the sand, as it required permission, he gave representations to the respondents 2 and 3 requesting them to permit him to lift the said sand. But no action has been initiated. Hence he approached and filed the present writ petition. Counter-affidavit is filed by the third respondent on behalf of the respondents. Heard learned counsel for the parties. In a similar case being WP No. 1064 of 2002 this Court passed the following order on 22.7.2002, “the Pattadar of the land is permitted to remove the sand and keep it at the corner of his land and seek the permission from District Level Sand Committee to remove the same. He cannot be permitted to dispose of the same, as his rights are confined to only carrying out agricultural operations.” It is admitted that the petitioner is the owner of the land in question. Therefore, following the above said judgment, this writ petition is disposed of and the third respondent is hereby directed to give a feasible report so that the District Level Sand Committee i.e., the second respondent will permit the petitioner to remove the said sand from out of the land in question. No order as to costs. ____________________________ GOPALA KRISHNA TAMADA, J Dt.1.5.2008 KR To 1 The Government of Andhra Pradesh, Department of Mines & Geology represented by its Assistant Director, Warangal. 2 The District Level Committee for Sand Auctions, Warangal District, Warangal, represented by its member Convenor-cum-Assistant Director. 3 The Government of Andhra Pradesh, Groundwater Department, represented byits Deputy Director, Warangal. 4.2 CCs to GP for Mines and Geology, 5. 2 CD copies Form-NIC-OGS/WP{RS}