THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.19775 OF 2007 Dated 15th June, 2010 Between: Lingala Grampanchayat …Petitioner And A.P.Ground Water Department and four others …Respondents Counsel for the petitioner : Sri P.Prabhakara Rao Counsel for the respondents: AGP for Mines and Geology The Court made the following ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal having regard to the nature of the case. At the hearing, there is no representation for the petitioner. I have perused the record. This writ petition is filed for a Mandamus to declare the action of the respondents in not permitting sand auction in Lingala Reach of Vatsavai Mandal, Krishna District in pursuance of Memo No.9432/H G-II/2005/A dated 06.06.2007 as arbitrary and illegal. A perusal of the said memo discloses that on the basis of a thorough investigation, the Deputy Director, Groundwater Department, Vijayawada, submitted six reports on groundwater investigations made to study the feasibility of sand mining in the sand reaches of Nandigama and Magallu Villages of Nandigama Mandal, Chodavaram and Peddapulipaka Villages of Penamaluru Mandal, Sanagapadu Village of Penuganchiprolu Mandal and Lingala Village of Vatsavai Mandal, Krishna District. On the basis of the said reports, the Director of respondent No.1 permitted sand mining up to one meter thickness in respect of certain villages, which do not include Lingala Village of Vatsavai Mandal, Chodavaram and Peddapulipaka Villages of Penamaluru Mandal as sand mining in those reaches was not found feasible. On the basis of the said report, respondent No.2 decided not to hold auctions in respect of the above said villages. The petitioner felt aggrieved by non-holding of auction in respect of Lingala reach of Vatsavai Mandal, Krishna District. No counter-affidavits have been filed. In my view, the opinion of the Groundwater Department is of paramount importance. Under Rule 9-B (6) of the Andhra Pradesh Minor Mineral Concession Rules, 1966, obtaining of necessary reports/clearances from the Conservator of River and the Director of Groundwater Department is sine qua non for holding auctions. In this view of the matter, no exception can be taken to the action of the respondents in not holding auctions for Lingala reach of Vatsavai Mandal, Krishna District. Since more than three years had elapsed by now, the writ petition is disposed of with the direction to the respondents to review the existing situation and take appropriate steps in this regard. As a sequel to disposal of main petition, WPMP No.25500 of 2007 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 15th June, 2010 vrn