THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO :1656 of 2010 DATED: 02-02-2010 Between: Maka Kondaiah & another. ..... PETITIONERS And The Government of Andhra Pradesh, Rep., by its Principal Secretary, Mines & Geology, Secretariat, Hyderabad & 4 others. .....RESPONDENTS ORDER: Petitioners are the residents of Sidhamtham village, Penukonda mandal, West Godavari District, having agricultural lands abutting Reach No.9 of Sidhantham, intercepted by river bund and they are eking out their livelihood by carrying on agricultural operations. On account of the illegal excavation of sand in Reach No.9, the lands belonging to the petitioners and several others are getting affected because of deviation of flow of water. In that connection, petitioners approached the 4th respondent-Executive Engineer-cum-River Conservator, Godavari Head Works, Dowlaiswaram, and explained the circumstances, however no action has been taken so far. Hence, the present Writ Petition. 2. Heard learned counsel appearing for the petitioners; learned Government Pleader for Mines & Geology appearing for the respondents 1, 2 and 5 and the learned Government Pleader for Irrigation appearing for the respondents 3 & 4. 3. It appears, the 2nd respondent conducted an auction for lifting of sand from the said Reach and accordingly leasehold rights were granted in favour of the lessee. The grievance of the petitioners is that on account of the said excavation, even before the said lease, their lands are getting affected and damaged. Further, it is stated that before issuance of any lease in favour of anybody ground water clearance is necessary but in the case on hand ground water clearance has not been obtained, either by the lessee or by the 2nd respondent. In that context, petitioners approached the 2nd respondent and gave a representation on 18-12-2009, bringing to his notice the very circumstances narrated above. However, no orders have been passed. 4. Apparently, petitioners’ representation bringing to the notice of the 2nd respondent about the ground clearance certificate etc., is very much pending and the 2nd respondent is duty bound to consider the said representation and pass appropriate orders. As he has not passed any orders so far, the 2nd respondent is directed to consider the representation, dated 18-12-2009, of the petitioners and pass necessary orders in accordance with law expeditiously, preferably by the end of this month. 5. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _______________________ T.GOPALAKRISHNA,J 02nd February, 2010. Note: Furnish C.C. of the order by tomorrow. B/o Tsy