IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT :PRESENT: THE HON'BLE SRI ANIL R.DAVE, THE CHIEF JUSTICE AND THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 10854 of 2008 Between: Thota Srinivasa Rao S/o. Subba Rao ..... Petitioner AND 1 The Government of A.P., Rep. by its Principal Secretary, Mines & Geology Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Prakasam District at Ongole. 3 The District Level Committee of Sand Auction, Prakasam District at Ongole, rep. by its Chairman. 4 The Assistant Director of Mines & Geology, Prakasam District at H.No. 2- 688 (8), 3rd line, Maruthi Nagar, Kurnool Road, Ongole. 5 The Deputy Director, The Ground Water Department, Prakasam District at Ongole. 6. Kodali Dharma Rao S/o Papa Rao, Annavarappadu Ongole, Prakasam District 7. Elite Constructions 3rd Line, Bhagyanagar, Ongole, Prakasam District, rep. By its Managing Partner, A.Srikanth Reddy. 8. R.Bala Krishna S/o Nageswara Rao, R/o. D.No. 2-14-142, I Line, Syamala Nagar, Guntur, Guntur District RR. 6,7 & 8 impleaded as per Court order dt: 14-07-2008 & 16-08-2008 respectively .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of respondents in granting permission to quarrying the sand without complying with the mandatory stipulations of rules 9 (v) of G.O.Ms.No.1 dated 01.01.2001 of Industries and Commerce (MI) Department and Rule 23 of A.P. Water, Land and Trees Act. 2002 whereby the ground water level in the regime as being adversely affected as being illegal, arbitrary, high handed besides in violation of Article 21 of the Constitution of India apart from established judicial prudence and consequently direct the respondents to cancel the permissions granted for conducting sand quarrying operations in and around of Chinganjam, Vetapalem and Chirala reaches of Prakasham District forthwith in pursuance of the notification No. 3013/Q/2007 dated 5.3.2008 published in Andhra Jyothi Daily Telugu News Paper, dated 6.3.2008 of the 4th respondent in the interest of justice; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein, and the order of the High Court 21-5-2008 made in WPMP. No. 14155 of 2008 and dated 5-8-2008 made herein and upon hearing the arguments of Sri T.Prasanna Kumar, Advocate for the Petitioner, the G.P. for Mines and Geology, for the Respondents No.1 to 5, Sri G.Vidya Sagar, Advocate for the Respondents No. 6 & 7, and of Sri Sudhakar Rao Ambati, Advocate for the Respondent No.8, the Court made the following ORDER: Learned Government Pleader has placed on record report submitted by Grand Water Department. Learned advocate Sri.Vidyasagar, prays for time. Adjourned to 19-9-2008. Ad-interim relief granted on 21-5-2008 to continue. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The Principal Secretary, Government of A.P., Mines & Geology Department, Secretariat Buildings, Hyderabad. 2 The District Collector, Prakasam District at Ongole. 3 The District Level Committee of Sand Auction, Prakasam District at Ongole, rep. by its Chairman. 4 The Assistant Director of Mines & Geology, Prakasam District at H.No. 2- 688 (8), 3rd line, Maruthi Nagar, Kurnool Road, Ongole. 5 The Deputy Director, The Ground Water Department, Prakasam District at Ongole. 6. Kodali Dharma Rao S/o Papa Rao, Annavarappadu Ongole, Prakasam District 7. A.Srikanth Reddy, Managing Partner, Elite Constructions 3rd Line, Bhagyanagar, Ongole, Prakasam District 8. R.Bala Krishna S/o Nageswara Rao, R/o. D.No. 2-14-142, I Line, Syamala Nagar, Guntur, Guntur District 9. Two CCs to G.P. for Mines & Geology, High Court of A.P., Hyderabad (OUT) 10. One CC to Sri T.Prasanna Kumar, Advocate (OPUC),. 11. Two Spare Copies BRT HIGH COURT HCJ & RSRJ DATE: 12-09-2008 NOTE: ADJOURNED TO 19-9-2008 ORDER WP. NO. 10854 OF 2008 CONTINUED HIGH COURT BRT DRAFTED ON 15-09-2008 HCJ & RSRJ DATE: 12-09-2008 NOTE: ADJOURNED TO 19-9-2008 ORDER WP. NO. 10854 OF 2008 CONTINUED