IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHT DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.S.NARAYANA WRIT PETITION NO : 25558 of 2007 Between: G. Anjanna, W/o. G. Venkata Ramana, R/o. Door No. 13/375, Near R.T.C. Bus Stand, Vempalli Village and Mandal, Pulivendula Taluk, Kadapa District. ..... PETITIONER AND 1 Government of Andhra Pradesh, Mines and Geology Department, Kadapa, Rep by Joint Collector cum-Chairman of the District level Committee 2 The Asst. Director of Mines and Geology, Yerraguntla, Kadapa District. 3 The Member Convenor, District Level Committee, Mines and Geology, Department, Kadapa. 4 Kollala Sivappa, S/o. not known to the petitioner, Vempalli Village and Mandal, Kadapa District. 5 Rama Krishna Reddy, S/o. not known to the petitioner, R/o. Kondareddy palli Village, Vempalli Mandal, Kadapa 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 will be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents 1 and 2 in auctioning the lease hold rights of quarrying sand in Reach No. 1 and 2 of Vempalli Village and Mandal, Kadapa District as illegal, arbitrary and pass Counsel for the Petitioner:MR.O.MANOHER REDDY Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : THE HONOURABLE SRI JUSTICE P.S.NARAYANA W.P.NO. 25558 OF 2007 ORDER: 1. This Court ordered notice before admission on 3-12-2007. Counter affidavit is filed. 2. Heard Sri O. Manoher Reddy, counsel representing the writ petitioner and the learned Assistant Government Pleader for Industries representing Respondents No.1 to 3. 3. The Writ Petition is filed to issue a writ of mandamus to declare the action of the Respondents No.1 and 2 in auctioning the lease hold rights of quarrying sand in Reach No.1 and 2 of Vempalli village and Mandal, Kadapa District as illegal arbitrary and pass such other suitable orders. 4. It is stated that the petitioner is resident of lV Vempalli town, which is a main head quarters. The population of the Mandal head quarter is around 40000. The drinking water needs of Vempalli town and surrounding 10 villages is being done through pumping schemes from the bore well drilled in the river “Papagni”. It is relevant to mention here that sweet water i.e., drinking water is available at only certain points in the river and even if a bore well is drilled at a distance of 10 feet away from the river, the water is saltish and is not fit for drinking. It is stated that this is the only source of drinking water to the Vempalli Town and surrounding villages. 5. It is further stated that a notification was issued by the Respondents inviting tenders for auctioning the lease hold rights of quarrying sand at various places. One of the places that have been notified as Reach No.1 and Reach No2 is Vempalli Town. Immediately, after the notification has been published, the local leaders have exhausted the residents not to participate in the auction and the said requisition was widely reported in the news papers. It is stated that the auction was conducted on 12-11-2007 and in the said auction the Respondent No.4 and 5 have become the highest bidders for a sum of Rs.23 lakhs and Rs. 23.7 lakhs for Reach No.1 and 2 respecitvely. 6. It is also stated that if the highest bidders are permitted to do the sand quarrying there would be adverse impact on the ground water level and thereby the residents of Vempalli town and other surrounding villages would be seriously prejudiced. It is stated that that no auction was conducted previously in respect of these reaches. Earlier an auction notice has been cancelled due to protest of the local public. It is submitted that the action of the respondents in conducting the public auction in respect of quarrying sand in Reach 1 and Reach 2 of Vempalli Town is not legal and the same is arbitrary. 7. It is further stated that the respondents have got the power to issue notification for quarrying sand in the river beds. Any direction on the part of the respondents in permitting the quarrying the sand should be subservient to the public interest. The respondents 1 and 2 have to obtain the permission from the Ground Water Department and after considering the same has to take a direction with regard to the sand quarrying. It is stated that that the Ground Water Department without taking into consideration the after effects of the sand quarrying are granting permission and there is no check with regard to the sand quarrying that is being done by the contractors. It is stated that the bid was knocked down at a high price and the contractors would extract the maximum sand and thereby deplete the water levels in the surrounding areas. The Respondents without taking into consideration the sufferance of the public at large, have put the auction of lease hold rights of quarrying the sand in the river bed. Hence, it is stated that the action of the Respondents is not legal and valid. 8. In such circumstances, the writ petitioner approached this Court praying for appropriate relief as specified above. 9. In the counter affidavit filed by Respondents No.1 to 3 it is stated that the Ground Water Department vide Ground Water Department Memo No. 10900/Hg(5)/04, Dated 12-05-2005, has given feasibility report over the subject area basing on the feasibility report by the Ground Water Department this office has issued notification to dispose of the sand bearing area of Vempalli under public auction vide notification Dt. 10-04-2007, 25-06-2007, 22-08-2007 and 26- 10-2007. On three notifications issued by this office no body has participated in the public auction. Hence, auction was not conducted. However, the District Level Sand Committee has taken a decision on 23-10-2007 to divide Vempalli as Vempalli Reach-I, and Vempalli Reach-II with minimum bid amount of Rs.10,80,000/- for each reach of Vempalli. Accordingly, notification was issued vide No. 534/Sand/2007- 08, dated 26-10-2007 in the news paper duly inviting sealed Tender and open auction. In response to this notification the Respondent office has received 11 applications for open auction and Sealed Tender for Vempalli Reach-I, and 8 applications for open auction and sealed Tender for Vempalli Reach-II. The auctions were conducted on 15-11- 2007. During the auction Vempalli Rach-I was knock down in favour of Sri K. Sivappa for Rs. 23,00,000/- and Vempalli Reach – II was knock down in favour of Sri M. Rama Krishna Reddy for Rs. 23,70,000/-. 10. It is further stated that the District Collector, Kadapa vide Procs. No. 3444/S/2007, and vide Procs. No. 3441/Sand/2007, Dt. 21-11-2007 has issued conformation orders in favour of Sri K. Sivappa for Vempalli Reach-I, and in favour of Sri M. Rama Krishna Reddy for Vempalli Reach-II. Sri K. Sivappa and Sri M. Rama Krishna Reddy both have submitted required documents and executed the lease deeds on 27-11- 2007 under Procs. No. 3444/S2007, Dt. 27-11-2007 and Procs. No. 3441/S/2007, Dt. 27-11-2007, work order were issued in favour of Sri K. Sivappa and Sri M. Rama Krishna Reddy to commence the quarrying operations. 11. It is also stated that basing on the feasibility report of the Ground Water Department only, the Respondents with approval of the District Level Sand Committee conducted the public auction for disposal of the sand bearing areas of Vempalli Reach –I and Vempalli Reach –II. Hence, the contention of the petitioner is not correct. 12. It is stated further that the contention of the petitioner is not correct. There is a provision to approach the Director of Mines and Geology/Government of Andhra Pradesh to file an appeal/Revision under Rule 35 and 35A of A.P.M.M.C. Rule, 1966. Hence, the petitioner has effective alternate remedy, which the petitioner has not availed and directly approached this Court. 13. It is stated that the lease deeds were already executed by the Respondents No.4 and 5 and work orders were already issued in favour of Sri K. Sivappa and Sri M. Rama Krishna Reddy. Both Respondents No.4 and 5 have started the quarrying operation to extract sand from Vempalli Reach-I and Vempalli Reach –II, by obtaining dispatch permit to transport the sand from Vempalli Reach –I and Vempalli Reach –II. 14. A letter in Rc.No. 1787/Hg/Sand Committee/04, dated 21- 4-2005 is placed before this Court. Technical committee report on sand mining in Vempalli village, Vempalli Mandal, Jammalamadugu Division, Cuddapah District along with the location map and a proceeding Lr.Rc.No.1787/Hg/Sm/04, dated 12-5-2005 had been placed before this Court. 15. In the light of respective stands taken by the parties, this Court is of the considered opinion that the Writ Petition is devoid of merits and accordingly, the same is dismissed. In the facts and circumstances of the case, this Court makes no order as to costs. _____________________ Justice P.S.Narayana 28th February, 2008. KM THE HONOURABLE SRI JUSTICE P.S.NARAYANA W.P.NO. 25558 OF 2007 28th February, 2008.