IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 602 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 20/04/2009 in WP NO : 6131 OF 2009 on the file of the High Court.) Between: 1 Satha Sri Ram Murthy S/o.Subba Rao R/o.Pedalanka, Kolluru Mandal Guntur District. 2 Nagabasava Punnamma W/o.Sri Ram Murthy R/o.Pedalanka, Kolluru Mandal Guntur District. 3 D.Koteshwar Rao S/o.Sambashiva Rao R/o.Chillumuru Village, Kolluru Mandal Guntur District. 4 D.Suri Babu S/o.Ramalingaiah R/o.Chillumuru Village, Kolluru Mandal Guntur District. ..... APPELLANT(S) AND 1 The Government of Andhra Pradesh, Department of Mines & Geology, Secretariat, Hyderabad, represented by its Secretary. 2 The Collector & District Magistrate, (Confirmation Authority of Sand Auction), Guntur District, Guntur. 3 The District Level and Sand Committee, represented by its Chairman-cum-Joint Collector, Guntur. 4 The Asst. Director of Mines & Geology-cum-Member Convener District Level Sand Committee for Sand, Guntur, Guntur District. 5 Sri Badarla Venkata Prasad S/o. Narayana Rao R/o. Door No. 56-15-20-C, P & T Colony, Patamata, Vijayawada - 10. .....RESPONDENTS Counsel for the Appellant: SRI T.SRIKANTH REDDY Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 602 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) The present writ appeal is preferred by the appellant aggrieved by the order, dated 20.4.2009 passed by the learned single Judge in WVMP No.1120 of 2009 & WPMP No.8011 of 2009 in W.P.No.6131 of 2009. The appellants herein are the writ petitioners. They filed the above writ petition seeking to declare the action of the 2nd respondent in issuing confirmation proceedings dated 16.3.2009 in proceedings No.984/Sand/2009 (R6 & 7), Kolluru, Juvvalapalem village, Guntur District in spite of the specific direction of the Court in WP No.4895 of 2009, dated 13.3.2009, as illegal and arbitrary and consequently to direct the respondents not to proceed further by executing the lease deeds in favour of the 5th respondent pursuant to the confirmation proceedings dated 16.3.2009. On 23.3.2009, while admitting the writ petition, the learned single Judge granted statusquo. On that, the unofficial respondent herein filed WVMP No.1120 of 2009 seeking to vacate the interim order, dated 23.3.3009 in WPMP No.8011 of 2009 in WP No.6131 of 2009. The learned single Judge vacated the order of status quo dated 23.3.2009. Having aggrieved by the same, the writ petitioners filed the present writ appeal. Heard the learned Counsel and perused the material available on record. As can be seen from the material on record, it is apparent that the appellants filed the above writ petition challenging the proceedings issued by the 2nd respondent dated 16.3.2009 whereunder confirmation was accorded for right of quarrying for ordinary sand in favour of Badaria Venkata Prasad viz., unofficial respondent for reach Nos.6 & 7, Kollur & Juvvalapalem village i.e., the area in between 34.20 KM to 59.00 KM on right flood bank of Krishna River, Guntur District with ramps at KM 42.800 and KM 51.800 for an amount of Rs.3,49,00,000/- for one year for a period of two years from 1.4.2009 to 31.3.2011 from the date of execution, by 20% enhancement on knocked down bid for the 2nd year, subject to satisfaction of APMMC Rules, 1966. It is the main grievance of the appellants that ignoring the interest of the farmers, auction notification was issued for conduct of sand quarry in respect of reach Nos.6 and 7 of Kolluru and Juvvalapelem and there is no sufficient ground water in the area and the auction notification was issued without obtaining any ground water report from the ground water department, which is mandatory under rule 9(B)(6) of the A.P. Minor Mineral Concession Rules. The order under appeal goes to show that in the presence of official person on behalf of the Ground Water department, auction was conducted and leasehold rights agreement has been entered. However, in view of the controversy with reference to the ground water recourse and in the interest of the farmers and in order to adjudicate the matter effectively, We feel that it would suffice if a direction is issued to the 3rd respondent to obtain a report from the experts as to the ground water feasibility. Accordingly, the 3rd respondent is directed to obtain a report from the expert as to the ground water feasibility within a period of three weeks from today. S r i Navin Kumar, learned Assistant Government Pleader of Mines, who is present before this Court, shall communicate the same to Respondents 2 to 4 by fax. On such report, respondents 2 to 4 shall take decision and submit a report before the learned single Judge. Subject to the above direction, the writ appeal is disposed of. No order as to costs. _________________________ Justice T. Meena Kumari ____________________________ Justice VILAS V. AFZULPURKAR Date: 30th April, 2009 Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 602 of 2009 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 30th April, 2009