THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.3931 of 2010 ORDER: Heard the learned counsel for the petitioner and the learned Government Pleader for Mines and Geology representing the respondents. In this writ petition, the petitioner seeks a mandamus to declare the action of the respondents in not permitting the petitioner to lift the sand of 9500 Cubic Meters from his patta land admeasuring Acs.6.48 cents in Survey Nos.148/5A, 149/1, 151/1A, 153/2 and 153/1 situated at Illathur Village, Vijayapuram Mandal, Chittoor District, as illegal and arbitrary. It is the case of the petitioner that his land is situated on the side of Kusasthali river and during rainy season, the flood water of the said river enter into nearby lands including the petitioner’s land referred to above resulting in accumulation of sand therein. It is submitted that though he was permitted earlier to lift the sand to certain extent by the District Level Sand Committee, he could not do so because there is no approach road for transportation of sand from his patta land. Later, he purchased the land adjacent to his patta land. Therefore, he approached the respondents by way of representation, dated 27.07.2009, seeking permission for removal of the sand accumulated in his entire land, but so far, they have not taken any action. Presently, the sand is a minor mineral under the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short ‘the Rules’) framed under Section 15 of the Mines and Minerals (Regulation and Development) Act, 1957 and all the sand-bearing areas in the State shall be leased out by Sealed Tender cum Public Auction. Further, the Rules also provide for issuing permits in exigency only to the Andhra Pradesh Mineral Development Corporation (for short ‘the Corporation’). Merely because the petitioner is the owner of the land referred to above, he cannot seek for issuance of permit for lifting the sand accumulated in his land. Though it is submitted that earlier, the Committee permitted certain candidates to remove the sand from their patta lands, but in view of the amendments to the Rules, which are in force now, it is not permissible to permit the petitioner to lift the sand accumulated in his land. In that view of the matter, this Court cannot grant any relief to the petitioner. At this stage, it is submitted by the learned counsel for the petitioner that the petitioner may be permitted to make a fresh representation to the 1st respondent seeking to either remove or issue permits to the Corporation for sale of such sand. In view of the request made by the learned counsel for the petitioner, I deem it appropriate to dispose of the writ petition permitting the petitioner to make a fresh representation to the 1st respondent, within a period of three (3) weeks from today. On filing such representation, the 1st respondent shall consider and pass appropriate orders for disposal of such sand in accordance with the Rules. Subject to the above directions, the writ petition is disposed of. No order as to costs. _______________________ R.SUBHASH REDDY, J 24th FEBRUARY, 2010. Note: issue c.c. in four (4) days. kvni