IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE SEVENTEENTH DAY OF JUNE, TWO THOUSAND TEN WRIT PETITION No.14969 OF 2007 Between: Chityala Gram Panchayat, reptd., by its Sarpanch-Sri Kathy Swamy, Chityala village, Vatsavai Mandal, Krishna District. … Petitioner And The District Collector, Krishna District and others. … Respondents Counsel for the petitioner: Smt.P.Vijayalakshmi for Smt.N.Shobha. Counsel for the respondents: GP for Industries & Commerce for R.5. None for R.1 to R.4 and R.6. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the action of the respondents in not completing IFW Schemes on Munneru river at Chityala village, Vatsavai Mandal, before proposing to conduct sand quarry auctions of Lingala village affecting the functions of the said Schemes, as illegal and arbitrary. The petitioner is the Chityala Gram Panchayat, represented by its Sarpanch. It has felt aggrieved by the proposed auction of sand quarries in Munneru river, falling within its territorial area, on the ground that, before completing infiltration wells taken up under the said Scheme, if sand quarry auctions are conducted, the same may affect the very Scheme itself. At the hearing, Smt.P.Vijayalakshmi, learned counsel representing Smt.N.Shobha, learned counsel for the petitioner, is unable to state whether the infiltration wells were completed during the pendency of the Writ Petition. Be that as it may, respondent No.5 filed a counter-affidavit, wherein it is, inter alia, stated that notification, dated 8-1-2007, issued for conducting public auction of Lingala Sand Reach was stayed by the State Government and on account of the said stay, auction was not proceed with. It is further stated that the Sarpanch of the Gram Panchayat, vide: his representation dated 20-3-2007, has stated that during the course of joint inspection conducted by the inspection team consisting of the officials of Ground Water, Mines and Geology, Revenue and Irrigation Departments, they have taken all the measures under the AP WALTA and given feasible report for conducting the sand quarrying and requested the District Level Sand Committee of Krishna District (for short “the Committee”) to conduct auctions for Lingala Sand reach. It is further stated that the said representation was placed before the Committee on 9-4-2007; that the Committee has decided to conduct a joint inspection with Ground Water Department, Mines Department and Deputy Executive Engineer of APSIDC, Jaggiahpeta, to verify the correctness of the report dated 17-1-2007 of the Deputy Executive Engineer of APSIDC, Jaggiahpeta; that, accordingly, joint inspection was conducted on 15-5-2007 and 19-5-2007; and that the Inspection Team has opined that the sand area of Lingala is fit for conducting auction for sand quarrying and transportation of sand in an extent of Ac.55.00 after leaving 500 meters distance from the proposed infiltration galleries of APSIDC Lift Irrigation Scheme. Having regard to the measures, referred to above, taken by the Committee and the opinion of the Joint Inspection Team that Lingla Sand Reach is fit for sand quarrying and transporting of sand over an extent of A.55.00 leaving 500 meters distance from the proposed infiltration galleries, the apprehension of the petitioner that the proposed sand auction may affect the proposed infiltration wells, has no basis. For the above mentioned reasons, the petitioner is not entitled to any relief in the Writ Petition and the same is accordingly dismissed. -------------------------------- ----- C.V.NAGARJUNA REDDY,J Date:17-6-2010 MNR