IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WAMP No.1500 of 2009 & WVMP No.2435 of 2009 & WRIT APPEAL NO : 637 of 2009 Between: Chinni Peraiah ..... APPELLANT AND 1. The Government of A.P., rep., by its Secretary, Industries and Commerce Department, Secretariat, Hyderabad and others. .....RESPONDENTS The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WAMP No.1500 of 2009 & WVMP No.2435 of 2009 & WRIT APPEAL NO : 637 of 2009 JUDGMENT: (per Hon’ble Smt. Justice T. Meena Kumari) This appeal is filed by the writ petitioner-appellant against the order, dated 4.11.2008 passed by the learned single Judge in WP No.24221 of 2007. The appellant herein filed the above writ petition seeking a direction to respondents 3 to 4 to prevent the 5th respondent from carrying on mining operations in his patta land. The appellant claims to be the owner of Ac.0.20 guntas of land in survey No.63 of Ogipur Village, Tandur Mandal, Ranga Reddy District. The 5th respondent is said to have purchased a part of land in Sy.No.63 from the appellant and obtained a mining lease to quarry building stone and road metal. The main grievance is that the 5th respondent is carrying on mining operations in the land belongs to the appellant and that though several complaints have been made to the 3rd respondent, no action has been taken thereon and that the 5th respondent is making applications for grant of leases over the other patta lands of the appellant. The learned single Judge having observed that if the 5th respondent is carrying any mining operations over the land owned and possessed by the petitioner-appellant, the only remedy open to him is to file a suit for injunction and in such a suit, it would be possible for the parties concerned to adduce evidence not only as regards the respective extents held by them, but also about the nature of encroachments or violations by the other party and that if any application is made by any third party for grant of lease over the land of the petitioner-appellant, he can certainly raise objection and pursue his remedy under the Rules, disposed of the writ petition leaving it open to the petitioner-appellant to pursue his remedy in a Civil Court. Having aggrieved by the same, the present writ appeal has been filed by the writ petitioner-appellant. Heard the learned Counsel and perused the material available on record. While admitting the above appeal, this Court granted interim direction to respondents 2 to 4 not to grant any quarry lease for lime stone slabs to the 5th respondent or any person through him in Sy.No.63, Ogipur Village, Thandur Mandal, Ranga Reddy District, vide order dated 15.6.2009 in WAMP No.1500 of 2009. Now, Respondents 2 to 4 filed WVMP No.2435 of 2009 seeking to vacate the interim direction dated 15.6.2009 in WAMP No.1500 of 2009, on the ground that that the 5th respondent has given an undertaking as to the safety measures. The counter-affidavit filed by the official respondents goes to show that the 5th respondent has given an undertaking that he will take all safety measures and that there is no danger to the residential quarters of the petitioner-appellant and also that he is working within his leased area. In view of the facts and circumstances of the case and the statement given by the official respondents in their counter-affidavit, we feel that it would suffice if a direction is given to the official respondents to ensure that the 5th respondent should work within his leased area. Accordingly, the official respondents are directed to ensure that the 5th respondent should work within his leased area. Subject to the above direction, the writ appeal as well as WAMP and WVMP are disposed of. No order as to costs. _________________________ Justice T. Meena Kumari ______________________ Justice Sanjay Kumar Date: 21st October, 2009 Nn. THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WAMP No.1500 of 2009 & WVMP No.2435 of 2009 & WRIT APPEAL NO : 637 of 2009 (Judgment delivered by the Hon’ble Smt. Justice T. Meena Kumari) 21st October, 2009