IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 25344 of 2007 Between: D. shiva LinguS/o Babu Rao R/o hangaraga Village, Kotagiri Mandal, Nizmabad District. ..... PETITIONER AND 1 Governmetn of Andhra Pradesh, rep by its Secretary, Industries & Commerce Department, Secretariat Buildings, Hyderabad 2 The District Collector (Panchayat Wing) Nizamabad District, Nizamabad. 3 the District Panchayat Officer, Nizamabad District, Nizamabad. 4 The Deputy Director, Mines & Geology, Nizamabad District, Nizamabad. .....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 an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in not granting permission to the petitioner to quarry the sand at Hangarga village, in Manjeera River for 62 days as illegal, null void and arbitrary; and to pass such other order or orders as this Hon'ble Court may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner:MR.K.DURGA PRASAD Counsel for the Respondents: GP FOR INDUSTRIES & COMMERCE The Court made the following : ORDER: The petitioner was granted lease to lift the sand in Manjeera River, Hangarga Village, Kotagiri Mandal, Nizamabad District, for the year 2001-2002. It is stated that the petitioner was prevented from quarrying sand for a period of 62 days, on the ground that there is drought in the area. He approached the Government in the Panchayat Raj and Rural Development Department seeking permission to quarry lease for 62 days. Through memo, dated 02.04.2006, the Panchayat Raj and Rural Development Department accorded permission for the petitioner to lift sand for a period of 62 days, subject to the condition that clearance from Ground Water Department is obtained. The District Collector, Nizamabad, the second respondent, was directed to take necessary steps. The grievance of the petitioner is that though two years have elapsed, no action has been taken on the memo, dated 02.04.2006. Though notice before admission was ordered, way back on 29.11.2007, no counter-aﬃdavit has been ﬁled by the respondents so far. Heard learned counsel for the petitioner and learned Government Pleader for Industries. The petitioner was granted lease, to lift the sand over Manjeera river. On a consideration of the representation made by him, the Government in Panchayat Raj Department issued memo, dated 02.04.2008, enabling him to lift the sand for a period of 62 days, subject to certain conditions. The second respondent was directed to take necessary steps. There cannot be any justiﬁcation for keeping the matter pending for such a long time. If any diﬃculties are experienced by the second respondent in complying with the directions issued in the memo, he has to communicate the same to the petitioner as well as the Government. He cannot just sit over the matter, indefinitely. Hence, the Writ Petition is disposed of, directing the second respondent to take necessary action on the memo, dated 02.04.2008, issued by the Government in Panchayat Raj Department within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs. ______________________ Dt.04.11.2008 L.NARASIMHA REDDY, J GJ