THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24861 of 2009 DATE:17.11.2009 Between: Sri Rama CCF Society, represented by its President, Ravulapalem village and Mandal, East Godavari District. ... Petitioner and The Deputy Director of Mines & Geology, Kakinada, East Godavari District and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24861 of 2009 ORDER: The petitioner is a society registered under the Societies Registration Act. Its members are all farmers and on account of the floods in the year 2008, their crops in an extent of Acs.6.50 cents of land in Sy.Nos.139, 140 and 141 of Ubalanka village, Ravulapalem Mandal, East Godavari District, were damaged and earth was deposited in their land. In that connection, they made a representation to the Executive Engineer, Head Works Division, Dowleswaram, East Godavari District - 3rd respondent on 06.01.2009 requesting him to accord permission to remove the deposited earth from their land and the 3rd respondent issued proceedings No.MC3/EEP.No.29M, dated 09.01.2009 permitting its members to remove the deposited earth within a period of four months. As its members could not remove the deposited earth within the specified time, at their request, the 3rd respondent extended the time, by proceedings No.MC3/E.145/D(EP)/No.1382M, dated 09.10.2009. In pursuance of the same, when its members are removing the deposited earth, the Deputy Director and the Assistant Director of Mines & Geology Department - respondents 1 and 2 herein respectively, are interfering with their activities saying that permission from the Mines & Geology Department is very much required. Questioning the action of respondents 1 and 2, it approached this Court and filed the present writ petition. 2. Heard both the learned counsel. 3. The learned counsel for the petitioner society has submitted that though the members of the petitioner society have obtained the required permission from the Irrigation Department, respondents 1 and 2 are causing obstruction to the members of the petitioner society in removing the deposited earth, as if it is mineral. He further submitted that it is only the deposited earth, but not sand, and as such, it does not fall within the definition of "Mineral". 4. On the other hand, the learned Government Pleader for Mines and Geology has contended that the proceedings issued by the 3rd respondent are without jurisdiction and it is only the Mines & Geology Department that has got jurisdiction to accord permission for clearance of deposited earth, etc. 5. However, during the course of arguments, the learned counsel for the petitioner as well as the learned Government Pleader for Mines and Geology have agreed for depositing the entire deposited earth at a corner of the land and thereafter the officials of the Mines & Geology Department will inspect the same and see that the deposited earth is sold by way of public auction. 6. In the light of the consensus arrived at between the parties, this writ petition is disposed of directing the petitioner society to remove the deposited earth and keep the same at a corner of the entire land and make a representation to the 2nd respondent. On such representation, the 2nd respondent shall see that the deposited earth is sold by way of public auction and the said exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 17th November, 2009 Note: Furnish C.C. by three days. (b/o) cbs THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24861 of 2009 (Disposed of) 17th November, 2009 Note: Furnish C.C. by three days. (b/o) cbs