IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.5957 of 2010 Between: Janagama Yadagiri Rao. ..... Petitioner AND 1.The Government of Andhra Pradesh, rep. by its Principal Secretary, Mines & Geology, Secretariat, Hyderabad and 2 others. .....Respondents Counsel for the Petitioners: Mr.B.S.S.Prasad Counsel for the Respondents: AGP for Mines and Geology The Court made the following: Order: Petitioner, who claims to be former Chairman of Agricultural Marketing Committee, Manchiryal, and an agriculturist, filed this Writ Petition, questioning notice, dated 24.02.2010, issued by respondent No.2 for auctioning sand in River Godavari. At the hearing, the learned Counsel for the petitioner placed reliance on Rule 9 (ii) of the Rules, in support of his contention that the respondents are bound to consult the Municipality or local authority before notifying the sand for auction. Rule 9 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 (for short ‘the Rules’) lays down exhaustive procedure for holding auctions. It is a self- contained code in itself. Under the Rules, before auction is notified, clearances from the Ground Water Department and River Conservator are required to be obtained. Having carefully considered this Rule, I am of the view that while consultation with river conservator is required, it is not necessary to consult the other agencies such as Municipality or other local bodies. In the instant case, the notification itself shows that the river conservator’s permission has been obtained before issuing the impugned notification. In my considered opinion, in the absence of any violation of statutory provision or Executive instruction, this Court cannot restrain the competent authority from holding sand auction. In view of the above, I find no reason to entertain this writ petition. The Writ Petition is, accordingly, dismissed. As a sequel to disposal of the Writ Petition, WPMP.No.7686 of 2010, filed by the petitioner for interim relief, is disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 17th March, 2010 lur