IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 11158 of 2008 Between: The Iluru Grampanchayat, Thotlavalluru Mandal, Krishna District rep by its Sarpanch Smt. Davuluri Gouri ..... PETITIONER AND 1 The Government of Andhra Pradesh Industries and Commerce (M.1) Department Secretariaty, Hyderabad, Andhra Pradesh rep by its Secretary. 2 The District Level Committee for Sand Auctions, Guntur District rep byits Chairman cum Joint Collector, Guntur. 3 The Director, Depot, of Mines and Geology, 8th Floor, BRKR Bhavan, tank Bund, Hyderabad 4 The Assistant Director of Mines and Geology cum-Member- Conve District Level Committee for sand Auctions, Guntur, Guntur District. 5 Y. Sambasiva Rao S/o Vasavaiah Flat No. 403, Vijaya Soudha Apartments, High School Road, Patamata, Vijayawada. .....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 a direction, order or Writ more particularly one in the nature of Writ of Mandmaus declaring the proceedings No. 702/Sand/2008(R-5) dated 23-2- 2008 issued by the 4th respondent in favour of the 5th respondnet granting leasehold rights of quarrying for ordinary sand in Reach No.5 of Kollipara Village i.e, down stream from Krishna Barrage from 17-80 Kn to 34.200 KM on right ﬂood bank of Krishna River Bed of Guntur district for a period of 2 years w.e.f. 23-4-2008 to 31-3-2009 and from 1-4-2009 to 31-3-2010 as arbtirary, illegal, contrary to the A.P. Minor Mineral Concession Rules 1966, without jurisdicton and against the Public interest and consequently set a side the same and pass such other order or orders. Counsel for the Petitioner:MR.ANDAPALLI SANJEEV KUMAR Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY WRIT PETITION NO : 11315 of 2008 Between: 1 Killari Vishnu Rao, S/o. Jaganath Rao, R/o. ananthavaram, Guntur District. 2 Aryapalli Venkateswara Rao, S/o. Gangaiah, R/o. Bommavaripalem, Kolipora Mandal, Guntur District. 3 Dudipalla Baghyalakshmi, W/o. Sambasiva Rao, R/o. Bommavaripalem, Kolipora Mandal, Guntur District. 4 Kasaraneni Subbarao, S/o. Krishnaiah, R/o. Bommavaripalem, Kolipora Mandal, Guntur District. 5 Aryapalli Srimanarayana, S/o. Venkaiah, R/o. Bommavaripalem, Kolipora Mandal, Guntur District. 6 Davuluri Venkateswara Rao, S/o. Kutumbrao, R/o. Bommavaripalem, Kolipora Mandal, Guntur District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Industries and Commerce[M.I] Department, Secretariat, Hyderabad, A.P., Rep by its Secretary. 2 The District Level Committees for Sand Auctions, Guntur District rep by its Chariman-cum-Joint Collector, Guntur. 3 The Director, Department of Mines and Geology, 8th Floor, BRKR Bhavan, Tank Bund, Hyderabad. 4 The Assistant Director of Mines and Geology-cum-Member Convenor, district level Committee for Sand Auction, Guntur, Guntur District. 5 Y.Sambasiva Rao, S/o. Basavaiah, Flat No.403,Vijaya Soudha Apartments, High School Road, Patamata, Vijayawada. .....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 to issue a writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in granting the sand quarrying lease and permit the quarrying the sand for Kollipara reach in Krishna river is illegal and unconstitutional and consequently, set aside the proceedings dated 23.02.2008 after declaring that the kollipara Reach in Krishna river could not have been notiﬁed for sand quarrying without there being recent and fresh assessment, report by the Ground Water Department taking into consideration the depletion of gound water levels during the summer seson between the months of April-June and pass Counsel for the Petitioner:MR.K.S.MURTHY Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : COMMON ORDER: (Per Sri Anil R. Dave, CJ) In both these petitions common grievances have been ventilated to the eﬀect that the respondent-Government has permitted quarrying of sand for Kollipara reach in Krishna river without measuring the water level. In pursuance of the interim order passed by this Court on 29-5-2008, the respondents-authorities have placed on record the Hydrograph of Kollipara along with a Memo dated 20-8- 2008. Upon perusal of the Memo and the Hydrograph, it is clear that the trend line of hydrograph of Kollipara Piezometer shows that the water levels for the years 2002 to 2008 are not in falling trend and, therefore, it cannot be said that the quarrying of sand would adversely aﬀect the ground water level. In the aforestated circumstances, we do not entertain the petitions and, therefore, both the petitions are rejected with no order as to costs. ______________________ ANIL R. DAVE, CJ __________________________ R. SUBHASH REDDY, J 10th September, 2008. GRR