THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN W.P.NO.13770 OF 2009 14-09-2009 BETWEEN; Kashetty Srinivas and another ...Petitioners vs. Government of A.P. rep. by its Secretary, Industries and Commerce Department, Hyderabad and six others. ...Respondents THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN W.P.NO.13770 OF 2009 ORAL ORDER: (Per GR,J) Two residents of Chegurthy and Teegalaguttapally villages Karimnagar Mandal and District, have filed the writ petition allegin inaction on the part of the official respondents in proceeding against the 7t respondent for using proclains and heavy machinery for lifting sand from the Chegurthy village Reach of Karimnagar Mandal and District, contrar to the conditions of the quarry lease and the orders in G.O.Ms.No.24 date 12-02-2007. The petitioners submitted a representation on 03-11-2008 merel complaining of ground water level depletion and drying up of the well and water sources in Chegurthy village area of Karimnagar Mandal o account of sand quarrying from the Maneru River. The representatio dated 03-11-2008 addressed to the District Collector, Karimanagar did no allege employment of heavy machinery or proclains in the quarrying o sand. This is an allegation stated for the first time in the writ petition. The Assistant Director, Mines and Geology, Karimnagar-5t respondent has filed a counter-affidavit, in which it is stated that the leas period of the 7th respondent expired on 11-09-2009. It is further stated tha Chegurthy Sand Reach was inspected by the technical staff of th deponent on 29-07-2009, 07-08-2009 and 18-08-2009 and it was foun although on 29-07-2009 the sand quarry lease holder was using a proclai for laying road and forming ramps; no proclains were seen in the quarryin area and the transportation of sand is only in permitted quantities as pe the specified transit forms issued by the Department. There was neither a encroachment nor quarrying of sand by employment of heavy machinery o proclains, is the categorical assertion. In the light of the above averments in the counter-affidavit by th concerned Assistant Director, no case is made out for interference. The writ petition is accordingly dismissed. No order as to costs. ______________ GODA RAGHURAM,J __________________ RAMESH RANGANATHAN,J 14th SEPTEMBER 2009. TSNR