IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9189 of 2008 Between: 1 Sykam Mallikarjuna Rao S/o.Seshagiri Rao R/o.Jupudi (P), Ibrahimpatnam Mandal, Krishna District. 2 B.Chandu S/o.Ramakoti R/o.Jupudi (P), Ibrahimpatnam Mandal, Krishna District. 3 A.Babu S/o.Kotaiah R/o.Jupudi (P), Ibrahimpatnam Mandal, Krishna District. ..... PETITIONERS AND 1 State of Andhra Pradesh, rep. by its Principal Secretary Revenue Department, Secretariat, Hyderabad. 2 Collector, Krishna, Machilipatnam. 3 Tahsildar, Ibrahimpatnam Mandal, Vijayawada, Krishna Dsitrict. 4 Assistant Director of Mines & Geology, Currency Nagar, Vijayawada, Krishna District. 5 The Executive Engineer, Prolusion Control Board, Autonagar, Vijayawada. 6 M/s. Srinivasa Stone Crusher Company, Managing Partner T.Satya Sai Baba Reddy, Jupudi, Ibrahimpatnam Mandal, Krishna District. .....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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in granting quarry lease in Rs 38/2 of Jupudi village Ibrahimpatnam Mandal, Krishna District in favour of the 6th respondent without considering the representations dt. 30.1.2008 and 31.3.2008 of the Petitioner as illegal, arbitrary, and unjust and unconstitutional and consequently direct the respondent to consider the representations of the petitioner and pass such other order or orders. Counsel for the Petitioners: MR.RAVI KUMAR TOLETY Counsel for the Respondent Nos.1 to 3: GP FOR MINES Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondent No.5 : Sri Srinivasa Murthy (SC) Counsel for the Respondent No.6 : - NONE - The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.9189 of 2008 ORDER: Petitioners, who are residents of R.S.No.30/2 of Jupudi village of Ibrahimpatnam Mandal, filed this writ petition stating that respondents 1 to 5 granted lease in favour of the 6th respondent for carrying on quarrying operations at Jupudi village of Ibrahimpatnam Mandal in Krishna District. As the said quarrying is hazardous and injurious to the health of the residents of Jupudi village and other nearby residents, petitioners gave a representation dated 30.01.2008 to the respondent- authorities to stop the 6th respondent from carrying on quarrying operations. Pursuant thereto, the 3rd respondent-Tahsildar issued notice to the petitioners on 29.03.2008, to attend the enquiry on 31.03.2008. Accordingly, petitioners have attended the enquiry and also submitted another representation, dated 31.03.2008, but nothing had transpired. Hence this writ petition. Heard the learned counsel for the petitioners, learned Assistant Government Pleader for Mines and Geology, appearing for respondents 1 to 3, learned Assistant Government Pleader for Revenue appearing for the 4th respondent and the learned Standing Counsel appearing for the 5th respondent. Having regard to the facts and circumstances of the case, this Court is of the view that it cannot decide as to whether the quarrying operations would be injurious or hazardous to the petitioners and others or not, and it is only for the authority concerned to decide the said issue. However, as the petitioners have already submitted representations dated 30.01.2008 and 31.03.2008 to the 3rd respondent, the 3rd respondent shall consider the same and pass appropriate orders thereon in accordance with law, after giving opportunity of personal hearing to the petitioners, within a period of four weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. There shall be no order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 24th April 2008 Sh To 1 The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Hyderabad. 2 Collector, Krishna, Machilipatnam. 3 Tahsildar, Ibrahimpatnam Mandal, Vijayawada, Krishna Dsitrict. 4 Assistant Director of Mines & Geology, Currency Nagar, Vijayawada, Krishna District. 5 The Executive Engineer, Prolusion Control Board, Autonagar, Vijayawada. 6 Two C.Cs to 7 Two C.D. copies.