IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 8472 of 2002 Between: 1 S.Surya Rao, S/o. Venkata Rao, R/o. Ramakrishnanagar Colony, S.Annavaram Hamlet, Tuni Mandal, East Godavari District. 2 G.Ramu, S/o. Appa Rao, R/o. Ramakrishnanagar Colony, S.Annavaram Hamlet, Tuni Mandal, East Godavari District. 3 G.Suri Babu, S/o. Appa Rao, R/o. Ramakrishnanagar Colony, S.Annavaram Hamlet, Tuni Mandal, East Godavari District. ..... PETITIONER(S) AND 1 The Director of Mines and Geology, Government of Andhra Pradesh, Hyderabad. 2 The Deputy Director of Mines and Geology, Kakinada, West Godavari District. 3 The Assistant Director of Mines and Geology, Rajahmundry, Eest Godavari District. 4 The Distraict Collector, Kakinada, Eest Godavari 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 to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned action of the respondents in not taking any action against illegal quarry operations being conducted in Sruvey No.7 of S.Annavaram hamlet, Tuni Mandal, East Godavari District, and further action of the respondents in proposing to grant quarry lease in the said site contrary to the Mines and Mineral Development Regulation act apart from violative of Art.14 and 21 of the Colnstitution of India and pass Counsel for the Petitioner:MR.G.V.SHIVAJI Counsel for the Respondent No.: GP FOR INDUSTRIES & COMMERCE The Court made the following : ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{ANURADHA} ORDER: The writ petition is filed complaining of illegal quarrying in S.No. 7 of S.Annavaram a hamlet Tuni Mandal, East Godavari and seeking a declaration that the action of the respondents in proposing to grant lease for the said area is contrary to the Mines and Minerals Development And Regulation Act 1956. The petitioners claim to be the residents of Sri.Ramakrishna Nagar colony, hamlet of S.Annavaram village. The colony comprises 35 families and the petitioners all granted pattas by the Government. It is complained that illegal quarrying is going on in the area and according to the petitioners individuals by name K.Appa Rao and P.Suri Babu and others are indulging in illegal quarrying and are excavating granite by using explosives, posing a threat to the life and health of the petitioners and other residents. It is also complained that such illegal quarrying and transportation of quarried material by lorries and tractors is causing heavy noise and air pollution affecting their health. Though, the Director and the Deputy Director of Mines and Geology are impleaded as respondents apart from the District Collector, the 3rd respondent-the Assistant Director of Mines and Geology, Rajahmundry has alone filed a counter affidavit, in which it is stated very ambiguously that no illegal quarrying is conducted using high explosives and that the area is covered with rough stones which are soft in nature and can be excavated by shovels and crowbars. With regard to the allegation of illegal quarrying, in para 7 of the counter it is stated that though some quarrying was taking place without quarry leases, eventually the department motivated the persons to obtain quarry leases. Quarry leases have since been granted and at present quarrying is going on only under valid and operative quarry leases. It is also stated that quarrying operation is taking place at a distance of 200 meters from the huts and therefore the quarrying is not illegal. The counter affidavit was filed in the writ petition denying the allegations, in June 2002 to which there is no rebuttal by the petitioners. In the circumstances, no case is made out for interference. The writ petition is accordingly dismissed. No order as to costs. ______________ 8th April, 2009. Krb. THE HON’BLE SRI JUSTICE GODA RAGHURAM WRIT PETITION No. 8472 of 2002. Dated: 8th April, 2009.