THE HON'BLE MR JUSTICE G.CHANDRAIAH Writ Petition No.10690 of 2008 Date: 7th May 2008 Between: Sri Krishna Sangameswara Pumping Scheme and others. …….Petitioners. And The Government of Andhra Pradesh, Groundwater Department, Secretariat, Hyderabad, rep. by its Secretary & 3 others. ………Respondents. THE HON'BLE MR JUSTICE G.CHANDRAIAH Writ Petition No.10690 of 2008 ORDER: Heard the learned counsel for the petitioners and learned counsel for the respondents. The writ petition is filed praying for issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring action of the respondents in not conducting groundwater survey and permitting third parities to conduct quarry operations abutting the 1st petitioner pumping scheme, resulting in depletion of water levels and denial of sufficient water supply to the Members of the 1st petitioner and other ryoths, as arbitrary, illegal, contrary to the provisions of the A.P. Water, Land and Trees Act, 2002 and the Rules made there under, apart from violative of the Fundamental Rights guaranteed to the petitioners under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents not to put the Kunikinapadu Sand Reach, Kanchikacherla Mandal, Krishna District for auction in the interest of the petitioners . The 1st petitioner is the Society and the respondents 2 and 3 are members. The case of the petitioners is that the members of the 1st petitioner consists of the villagers who are having agricultural lands form Munnaluru and Kunikinapadu, Kanchikacherla Mandal, Krishna District. The main source of livelihood of the said villagers is agriculture. There is no other irrigation channel providing water to the agricultural lands except drawal of the same from the River Krishna. The process of irrigating the lands is being conducted under the control of the 1st respondent and the funds are also being released by the Authorities in favour of the 1st petitioner. The area being irrigated under the 1st petitioner scheme is almost 1050 Acres, apart from the same, several other ryoths have also dug bore wells and cultivating their dry lands. It is further contended that during the summer season, the groundwater levels in the area are being depleted due to indiscriminate sand quarrying, resulting in damage to the agricultural crops. Therefore, they approached the authorities requesting to stop conducting auctions in respect of the Kunikinapadu Sand Reach. However, due to the influence of sand syndicates, the Authorities have put the said Reach for public auction and the same was questioned before this Court and this Court granted interim stay of the auction notification issued in January 2007. As a result, they are able to draw the water from the lift irrigation scheme and conduct agricultural operations. However, they came to know recently that in spite of the order of the High Court, the respondents are once again contemplating to conduct public auctions. Thus, the 1st petitioner unanimously passed resolution dated 20.3.2008 to collect the donations, clear the canals to draw water and request the Authorities not to conduct auctions. Therefore, they immediately approached the District Collector narrating the aforesaid facts. However, the Collector advised them to approach the respondents and as such, they approached the respondents by way of representation dated 28.3.2008. Having received the same, the respondents are expected to follow the procedure contemplated under Section 27 of the WALT Act. In terms of Section 11 of the Act, which stipulates that in the over exploited areas, the sand mining must be banned. Similarly, Rule 23 of the Rules framed under the said Act contemplates the procedure prohibiting the sand mining. In spite of the aforesaid representation, the respondents are not conducting the groundwater survey and proceeding to grant leasehold rights to the sand contractors resulting in deprivation of livelihood of the petitioners and other ryoths as enshrined under Articles 14, 19 and 21 of the Constitution of India. The learned counsel for the petitioner categorically stated that on the earlier occasion, the petitioner’s society has filed W.P.No.1248 of 2007 seeking for the same relief and this Court granted the interim order dated 23.1.2007 staying the auction that was sought to be conducted on 24.6.2007 in so far as sand reach of Kunikanapadu in Kanchikacherla Mandal in Krishna District. Though the same was brought to the notice of the respondents, they are proceeding with the auction. He further submitted that the petitioners have approached the District Collector by way of representation dated 28.3.2008 and the same has not been considered. He submitted that if the respondents are allowed to conduct auction sand quarrying reach, the villagers of that area, who are cultivating more than 1000 acres of the land, will be deprived of their livelihood. Except the averment, no material is placed before this Court as on the alleged auction. Having regard to the facts and circumstances of the case and having regard to the submissions, which are not contradicted by the respondents’ counsel, I am of the view that the Writ Petition can be disposed of. Accordingly, the Writ Petition is disposed of and the respondents are directed to dispose of the said representation dated 28.3.2008 within a period of three weeks from the date of receipt of a copy of this order. Meanwhile, the respondents shall not put the Kunikinapadu Sand Reach, Kanchikacherla Mandal, Krishna District for auction. No costs. _____________________ Justice G. Chandraiah Date:07-04-2008 mrb