HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 16338 OF 2009 Dated: 12-11-2009 Between: D.S. Prasad ... PETITIONER AND The Government of Andhra Pradesh, rep., by its Secretary, Industries & Commerce (SPIU & SAND) Department, Secretariat, Hyderabad and six others ... RESPONDENTS THE HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No. 16338 OF 2009 ORDER: (per C.V. Nagarjuna Redddy, J) The petitioner who claims to be a public spirited citizen and a staff reporter of a newspaper filed this writ petition in public interest questioning the grant of temporary permits in favour of respondent No.4 by respondent Nos.1 to 3 for lifting sand from river Godavari at Chennuru Village and Mandal, Adilabad District. Broadly, the grievance of the petitioner is that in the guise of permits having been granted in favour of respondent No.4, it has been exploiting the river by indiscriminately removing the sand far in excess of the quantities mentioned in the permits issued by the Assistant Director of Mines and Geology. To illustrate, the petitioner produced proceedings dated 16-07-2009 issued by the Director of Mines and Geology wherein respondent No.4 was permitted to revalidate the permit issued in its favour for lifting 6,000 M3 of sand and in the guise of said revalidation, respondent No.4 has lifted sand to a tune of nearly 70,000 M3. A detailed counter affidavit has been filed by respondent No.3. The learned Government Pleader for Industries explained the contents of the counter affidavit and submitted that the petitioner appears to be under a misapprehension that the quantity of 70,000 and odd M3 of sand was lifted in the guise of one permit whose validity expired on 31- 03-2009 and was revalidated by the proceedings of the Director of Mines and Geology by proceedings dated 16-07-2009. He explained that there were three sand reaches at the place in dispute viz., Chennur Chodavagu South, Chennur North Godavari and Chennur North East Side of Singareni Collieries. He explained that in respect of Chennur Chodavagu South permission was granted by the Government for a period of 60 days on 22-10-2008 for lifting 30,000 M3, for Chennur North Godavari, permit dated 31-12-2008 was issued for lifting 40,700 M3 and for Chennur North East side of Singareni Collaries, permit dated 15-07-2009 was issued. He explained that in pursuance of these permissions, respondent No.3 issued permits from time to time for different quantities. He further submitted that the last of the permits issued was on 17-09-2009 and that with the expiry of the period for which permits were granted by the Government in respect of all the three reaches, no further temporary permits were granted by respondent No.3 beyond 17-09-2009. He also made a statement that in view of a Division Bench order of this Court, which held that more than one permit cannot be granted by the Government in exercise of its power under Rule 9-M of the Andhra Pradesh Minor Mineral Concession Rules, 1966, the Government will not grant any further permits in respect of the above mentioned three reaches, until these reaches are notified for regular auction. Having taken note of the above submission of the learned Government Pleader, the writ petition is disposed of with the direction that the respondents shall not grant further permits in respect of the above reaches until those reaches are notified for regular auction. As a sequel to disposal of the writ petition, WPMP No. 21464 of 2009, filed by the petitioner for interim relief, is disposed of as infructuous. ANIL R. DAVE, CJ C.V. NAGARJUNA REDDY, J 12-11-2009 ks