IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF AUGUST TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.18137 OF 2011 Between: Smt D. Sayavva. - - - Petitioner. AND The Government of Andhra Pradesh Industries & Commerce (SPIU & SAND) Department, Secretariat Building, Hyderabad, Rep. by its Secretary, and three others. - - - Respondents. The Court made the following : THE HON’BLE MR. JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.18137 OF 2011 O R D E R: This Writ Petition has been filed seeking directions to the Respondents 2 to 4 to permit the Petitioner to remove and transport the sand deposited in her patta land over an extent of Ac.11-28 guntas situated in survey No.663 of Talveda village, Nandipet mandal of Nizamabad District. The case of the Petitioner is that she owns land to an extent of Ac.11-28 guntas situated in survey No.663 of Talveda village of Nandipet mandal and Nizamabad District where sand got deposited. Unless the sand is removed, she will not be able to bring back the land into fit for cultivation stage. Therefore, she took up the matter with the State Government for the purpose of grant of temporary permits in terms of Rule 9-M (2) of the Andhra Pradesh Minor Mineral Concession Rules, 1966. The State Government has got power to grant temporary permits in favour of the Andhra Pradesh Mineral Development Corporation to enable the sand available to be quarried. Accordingly, the State Government passed orders through their memo dated 05-05-2011. But, however, before the temporary permits could be utilized and given effect to, the disputes in the village could not be sorted out. Hence, the time frame limit has expired. The Petitioner, in the company of A.P. Mineral Development Corporation has once again requested for grant of temporary permits for removal of 47,347 cubic meters of sand deposited in her land. In the meantime, a report has been received from the Collector, Nizamabad District that Talveda village is an over exploited village and hence no permit for quarrying the sand should be granted there. It is now submitted at the Bar that the entire matter is now pending consideration with the state Government under Rule 9-M. It is the State Government, which is the competent authority to take a decision in the matter. Therefore, it is only appropriate to direct the State Government to take an informed decision in the matter and communicate the same to the Petitioner within a period of 30 days from the date of receipt of a copy of this order. With this, the Writ Petition stands disposed of at the stage of admission. No costs. __________________________ NOOTY RAMAMOHANA RAO, J. August 02, 2011. Dsh.