IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 2709 of 2002 Between: Vadapalli Gram Panchayat, Rep. by its Sarpanch, B.Satyanarayana, Hindu, S/o. Narayana, R/o. Vadapalli, Kovvur Mandal, West Godavari District. ..... PETITIONER AND 1 The District Level Committee, Rep. by its Chairman-cum-Zilla Parisahd Chairman, Eluru, W.G.District. 2 District Panchayat Officer, Eluru, W.G.District. 3 Executive Engineer, Head Works, Irrigation, Dowlaiswaram, E.G.District. 4 Seethampeta Gram Panchayat, Rep. by its Sarpanch, Seethampeta, Kovvur Mandal, W.G.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, order or direction, declaring the action of the Respondents 1 to 3 in not passing the necessary orders allowing the petitioner gram panchayat to collect the seignerage fee for the sand quarried in respect of Reach No.1 situated within the limits of the petitioner gram panchayat after considering the report and plan of the Asst.Executive Engineer, Kovvur, dt. 29-1-2002 as illegal, null and void and for a consequential order directing the respondents 1 to 3 to pass necessary orders enabling the petitioner gram panchayat to collect seignerage fee in respect of Reach No.1 Akhanda Godavari Right Bank situated within the limits of the petitioner grampanchayat and pass Counsel for the Petitioner: MR.CH.DHANAMJAYA Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 2709 of 2002 O R D E R: The petitioner is a Gram Panchayat within whose area of operation a sand reach (reach No.1) of river Godavari is situated. However in the notification issued for grant of the leasehold rights, the said reach was shown as if it related to the 4th respondent Gram panchayat. Consequently, the 4th respondent started collecting the seigniorage fees. The petitioner claims that since the reach in question is situated within its area of operation, it should be allowed to collect the seigniorage fees for the sand quarried. It is also contended by the petitioner that the Assistant Executive Engineer Kovvur, after conducting necessary enquiry, submitted a report dated 29-01-2002 upholding the plea of the petitioner-Gram Panchayat that the reach in question is situated within the area of the operation of the petitioner- Gram Panchayat. However, in spite of several requests made, the respondents 1 to 3 did not allow the petitioner-Gram Panchjayat to collect the seigniorage fees. Hence, the present writ petition. Despite notice, there is no representation for any of the respondents and no counter affidavit has been filed. Having regard to the averments in the writ petition, which remained un-controverted in the absence of a counter affidavit, I deem it appropriate to dispose of the writ petition with a direction to the respondent No.2 to consider the claim of the petitioner in the light of the report submitted by the Assistant Executive Engineer, Kovvur, dated 29-01-2002 and pass appropriate orders in accordance with law after giving an opportunity of hearing to the petitioner as well as respondent No.4. Such exercise shall be completed as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. No costs. ______________ G. ROHINI,J Date: 11-12-2008 KLP