IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.978 of 2005 Between: K. Ramkishan, S/o. Jaggaiah, Dharmapuri Village & Mandal, Karimnagar District. ..... PETITIONER AND 1 The District Level Committee, Rep. by its Chair-Person Karimnagar Zilla Praja Parishad, Karimnagar. 2 The District Collector (Panchayat Wing), Karimnagar District, Karimnagar. 3 The District Panchayt Officer & Member Convenor District Level Sand Committee, Karimnagar District, Karimnagar. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the notification of the respondents in Roc.No.A2/2903/98-No./ dated 13.01.2005 as illegal, null, void and arbitrary, and contrary to the A.P. Water, Land & Trees Act & Rules, 2002. Counsel for the Petitioner: MR.K.DURGA PRASAD Counsel for the Respondents: SMT.JYOTHI ESWAR GOGINENI The Court, at the admission stage, made the following: ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the Notification in ROC.No.A2/2903/98-No., dated 13.01.2005 of the respondents as illegal, arbitrary and contrary to the A.P. Water, Land and Trees Act and Rules 2002. The grievance of the petitioner is that during the year 2004-05 most of the Mandals in Karimnagar District were affected by drought, and while the matter stood thus, the respondents issued the impugned Notification dated 13.01.2005 for auction of sand quarry lease rights in the Godavari River in four Mandals, which were affected by lack of rainfall and depletion of ground water. Hence, he filed the present writ petition. Heard the learned counsel for petitioner and the learned Standing Counsel for respondents. Learned Standing Counsel for the respondents, on instructions, submitted that the impugned Notification was issued after obtaining necessary permission from the Ground Water Department and the Irrigation Department. Since the impugned notification is said to have been issued by the respondents after obtaining necessary permission from the Ground Water Department and the Irrigation Department, I see no illegality or irregularity in issuing the impugned Notification by the respondents and this Court in exercise of its jurisdiction under Article 226 of the Constitution of India cannot interfere into the matter and pass any orders. There is no merit in the writ petition and the same is liable to be dismissed. Accordingly, the writ petition is dismissed at the admission stage. However, if the petitioner is still aggrieved, he is at liberty to submit a representation before the 1st respondent-District Level Committee once again with relevant material, and on submitting such representation, the 1st respondent-District Level Committee shall consider the same in accordance with law. _______________ N.V. RAMANA, J. Date: 28.01.2005 Nsr/Mrr. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Chair-Person, District Level Committee, Karimnagar Zilla Praja Parishad, Karimnagar. 2 The District Collector (Panchayat Wing), Karimnagar District, Karimnagar. 3 The District Panchayt Officer & Member Convenor District Level Sand Committee, Karimnagar District, Karimnagar. 4 Two CD copies. Form-NIC-OGS/WP{SPJS}