IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.6010 of 2008 Between: 1. P. Papa Rao 2. Smt. Veeramalla Rani ....Petitioners And 1. Department of Mines and Geology, Government of Andhra Pradesh, represented by its Assistant Director, Rajahmundry. 2. Department of Mines and Geology, Government of A.P., represented by its Assistant Director, West Godavari District at Eluru. 3. Department of Mines and Geology, Government of A.P., represented by its Director, BRKR Bhavan, Tank Bund, Hyderabad. 4. The District Collector, East Godavari District, Kakinada. 5. The District Collector, West Godavari District at Eluru 6. The Chief Engineer, Central Designs Organization Irrigation Department, O/o. the Chief Engineer, Erramanzil, Hyderabad. 7. The Executive Engineer, Godavari Head Works Divison, Sir Arthor Cotton Barrage, Dopwleswaram. 8. The Engineer in Chief, Major Irrigation, Government of A.P., Erramanzil, Hyderabad. 9. N. Hanumaiah ....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 or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in permitting tapping/excavation/quarrying of sand/slit within the prohibited distance of 3 kilometers upstream and downstream of the Sir Arthor Cotton Barrage on the river Godavari connecting East and West Godavari Districts as illegal, arbitrary, and contrary to the report of the Special Dam Safety Inspection Team dated 1.2.2007/2.2.2007 approved by the 6th respondent on 9.5.2007 as such a quarrying of sand/slit is detrimental to the existence of the said barrage and it is further consequentially prayed that this Hon’ble court may be pleased to disallow quarrying operations of sand/slit within a distance of 3 kilometers of up and down stream of the Sir Arthur cotton Barrage in reach No.9 of Seethampeta village (through Vijjeswaram Head Locks) West Godavari District and to disallow quarrying operations within a distance of 3 kilometers of up stream and down stream of Sir Arthur Cotton Barrage, Dowleswaram, East Godavari District and it is further consequentially prayed that this Hon`ble court may be pleased to direct the respondents to ensure no excavation or tapping of sand /slit within a distance of 3 kilometers of up an ddown stream of the Air Arthur cotton Barrage hereafter by prohibiting any public auction or any other source of tapping the silty sand within a distance of 3 kilometers up and downstream of the said barrage. Counsel for the petitioners : Sri S.R.Sanku Counsel for respondent Nos.1 to 3 : Government Pleader for Mines & Geology Counsel for respondent Nos.4 and 5 : Government Pleader for Revenue Counsel for respondent Nos.6 to 8 : Government Pleader for Irrigation & Command Area Development Counsel for respondent No.9 : Sri J. Prabhakar The Court made the following: ORDER: (per Anil R. Dave, C.J.) By way of this public interest litigation, it has been alleged by the petitioners that quarrying/excavation of sand within 3 k.m. upstream and downstream of Sir Arthur Cotton Barrage on the River Godavari connecting East and West Godavari Districts is not legal, and yet respondent No.9 has been granted a right to excavate/quarry sand. It has been submitted that the grant of lease being illegal, quarrying must not be permitted. In pursuance of the notice issued by this Court, learned Government Pleader for Mines and Geology appearing for respondent Nos.1 to 3 has submitted that the allegation levelled in the petition is correct. He has submitted that the excavation place, which has been leased in favour of respondent No.9, is within 3 k.m. from Sir Arthur Cotton Barrage referred to hereinabove. Learned Government Pleader has placed on record a letter dated 7th July, 2008 addressed to him by the Assistant Director of Mines and Geology stating that the area which has been leased was inspected and it has been recommended to the concerned authority that quarrying activity at the site in question be stopped. A copy of the said letter has been placed on record of this Court. In view of the above statement made by the learned Government Pleader, in our opinion, this petition does not survive because the grievance, which had been ventilated in the petition, has been now redressed. We are sure that necessary follow-up action shall be taken by the concerned government authority as soon as possible. In view of the afore-stated facts, the petition is disposed of as infructuous with no order as to costs. ANIL R. DAVE, C.J. 14th July, 2008 R.SUBHASH REDDY, J. ........REGISTRAR To 1. The Assistant Director, Department of Mines and Geology, Government of Andhra Pradesh, Rajahmundry. 2. The Assistant Director, Department of Mines and Geology, Government of A.P., West Godavari District, Eluru. 3. The Director, Department of Mines and Geology, Government of A.P., BRKR Bhavan, Tank Bund, Hyderabad. 4. The District Collector, East Godavari District, Kakinada. 5. The District Collector, West Godavari District at Eluru 6. The Chief Engineer, Central Designs Organization Irrigation Department, O/o. the Chief Engineer, Erramanzil, Hyderabad. 7. The Executive Engineer, Godavari Head Works Divison, Sir Arthor Cotton Barrage, Dopwleswaram. 8. The Engineer in Chief, Major Irrigation, Government of A.P., Erramanzil, Hyderabad. 9. Two copies to the Govt. Pleader for Mines & Geology, High Court Buildings, Hyderabad (OUT). 10.Two copies of the Govt. Pleader for Revenue, High Court Buildings, Hyderabad (OUT). 11.Two copies to the Govt. Pleader for Irrigation & CAD, High Court Buildings, Hyderabad (OUT). 12. Two C.D. copies. ARS