HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No. 23100 of 2010 DATED 20TH SEPTEMBER, 2010. BETWEEN V.Venkata Krishna Prasad …..Petitioner and The Assistant Director of Mines & Geology, Vijayawada, Krishna District and ors. …..Respondents. HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No. 23100 of 2010 ORDER: It is submitted by the learned Counsel for the petitioner and agreed to by the learned Government Pleader appearing for the respondents that the issue that arises for consideration in the Writ Petition is squarely covered by the decision of this Court rendered in Writ Petition Nos. 12442 and 12475 of 2010, dated 03.06.2010 and therefore, following the said decision, this Writ Petition is liable to be disposed of in terms thereof. Accordingly, Writ Petition is disposed of directing that while lesse is strictly prohibited from using heavy machinery such as poclainers for excavating sand, at the same time, he shall be permitted to use the machinery required for strengthening of the ramps and also to attend to the vehicles which are either stuck or have failed in the course of transportation of sand either in the riverbed or otherwise. It is further directed that in order to ensure that the machinery is not misused for the purpose of excavation of sand, the petitioner shall intimate in writing to the Assistant Director of Mines and Geology concerned giving the details of the work which is required to be attended to and the machinery which is proposed to be used. It is only after giving such intimation that the petitioner can deploy the machinery required only for the purpose of maintenance of ramps and attending to the vehicles which have failed or got stuck. The Assistant Director of Mines and Geology or any other competent authority shall be at liberty to depute any of their subordinates to oversee the proposed work of the lessee. It is made clear that if the lessee uses the machinery for the purpose of excavation of sand, the Assistant Director of Mines and Geology/the competent authority is entitled to take action according to law. There shall be no order as to costs. ----------------------------------- JUSTICE C.V. RAMULU 20T H SEPTEMBER, 2010. Msnr.