IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27672 of 2007 Between: 1 K. Koteswara Rao, S/o. Jagannadha Rao, R/o. Illuru Lanka (V), Thotlavalluru (M), Krishna District. 2 A. Suryanarayana, S/o. Venkateswara Rao, R/o. Illuru Lanka (V), Thotlavalluru (M), Krishna District. 3 K. Sadasiva Rao, S/o. Raghavaiah, R/o. Illuru Lanka (V), Thotlavalluru (M), Krishna District. 4 A. Sambasiva Rao, S/o. Venkateswara Rao, R/o. Illuru Lanka (V), Thotlavalluru (M), Krishna District. ..... PETITIONER(S) AND 1 The District Level Sand Committee, Rep. by its President, Krishna District. 2 The District Panchayat Officer, Machiliptnam, Krishna District. 3 Assistant Director of Mines and Geology, Vijayawada, Krishna District. 4 K.B.V. Gandhar, S/o.Not Known, R/o. Illuru Village, Thotlavallur Manal, Krishna District. .....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 the action of the respondents in issuing Lr.No. 1015/Q/2007 dated 19-12-2007 is illegal, arbitrary and not only violative of Hon'ble Court order but also violative of principles of natural justice and the same shall be set aside and pass such other orders as this Hon’ble Court may be pleased to deem fit and proper in the interest of justice. Counsel for the Petitioners: MR.B.KAMALAKARA RAO Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. GP FOR MINES & GEOLOGY The Court made the following : HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON’BLE SRI JUSTICE GOPALAKRISHNA TAMADA W.P.NO. 27672 OF 2007 ORDER: (Per Anil R. Dave, HCJ) This is a writ petition wherein order dt. 19.12.2007 bearing No. 1015/Q/2007 has been challenged. By virtue of the impugned order quarry lease has been granted in favour of K.B.V.Gangadhar-respondent No.4 herein. Learned advocate Sri B. Kamalakara Rao appearing for the petitioners has submitted that the impugned order is bad in law for the reason that the land which has been leased to respondent No.4 had not been properly surveyed and therefore the petitioners who are the owners of the adjoining patta land, are likely to be adversely affected. It has been submitted by the learned advocate appearing for the petitioners that the proper course was to conduct survey of the land in question before giving the land on lease to the respondent No.4. In pursuance of the notice issued by this court, learned Government Pleader for Mines and Geology has filed a counter wherein it has been stated that the land had been leased in favour of respondent No.4 after holding proper auction. He has further submitted that the land in question had already been surveyed on 7.1.2005 in the presence of all the concerned persons who were present. He has placed on record a copy of the order dt. 7.1.2005 passed by the Mandal Revenue Officer, Thotlavalluru which clearly denotes that the land in question including the land belonging to the petitioners had been properly surveyed in pursuance of certain orders passed by this court. The order also denotes that all the concerned persons were present at the time of survey. The petitioners have not filed any rejoinder to the counter filed by the respondents. Looking to the facts of the case, it is clear that before the leasehold rights of land were given to respondent No.4, the land in question had been properly surveyed and therefore the impugned order by which the lease had been granted would not adversely affect the petitioners. We see no reason to entertain this writ petition. In view of the aforesaid facts, the writ petition is rejected with no order as to costs. ________________ ANIL R. DAVE CJ _____​______________________ GOPALAKRISHNA TAMADA J Dt.28.2.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The District Level Sand Committee, Rep. by its President, Krishna District. 2 The District Panchayat Officer, Machiliptnam, Krishna District. 3 Assistant Director of Mines and Geology, Vijayawada, Krishna District. 4. 2 CCs to GP for Panchayat Raj & Rural Development 5. 2 CCs to GP for Mines & Geology 6. 2 CD copies