THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.7522 OF 2010 Dated 7th April, 2010 Between: M.Gopal Reddy …Petitioner And …Respondents The Government of Andhra Pradesh And five others Counsel for the petitioner : Smt N.Shoba Counsel for respondents 1 to 4: AGP for Mines and Geology Counsel for respondents 5 and 6:G.P for Irrigation & CAD The Court made the following ORDER: This writ petition is filed for a Mandamus to declare the action of the respondents in not permitting the petitioner to use machinery for removal of silt and sand from the submerged area of Musi Riverbed in Jajireddygudem Gram Panchayat, Arvapally Mandal, Nalgonda District as illegal and arbitrary. I have heard Smt N.Shoba, learned counsel for the petitioner, learned Assistant Government Pleader for Mines and Geology for respondents 1 to 4 and learned Government Pleader for Irrigation and Command Area Development for respondents 5 and 6. The petitioner was entrusted with the contract for removal of sand and silt from Musi Riverbed falling under Jajireddygudem Gram Panchayat area. The contract is said to be coming to an end by 17.06.2010. According to the petitioner, in view of the heavy silt, which could not be removed manually without using machinery, he approached the respondents for permission to use machinery for removing the silt along with sand. In response to the petitioner’s representation, respondent No.2 issued memo dated 08.02.2010 calling for remarks from the Assistant Director of Mines and Geology, respondent No.4, who in turn appeared to have referred the matter to the District Level Sand Committee. The petitioner averred that the said Sand Committee asked the Executive Engineer, Irrigation and Command Area Development to furnish a report and accordingly, the Executive Engineer is stated to have inspected the area and submitted a report on 17.03.2010. The petitioner further averred that in his report, the Executive Engineer has recommended for granting permission to use machinery subject to the following three conditions. 1. The part of the area under submergence which is under consideration for removing of silt and sand should be made levelled. 2. The silt and sand should be removed uniformly throughout the area. 3. The maximum total depth any where in the area of submergence allotted should not exceed two meters. The grievance of the petitioner is that despite submission of the report by the Executive Engineer and the representation made by him on 08.01.2010 to respondent No.2, the latter has not taken a decision on the petitioner’s request and that as the contract period is coming to an end in about a couple of months from now, the petitioner will be put to irreparable loss if he is not permitted to operate machinery for removal of sand and silt. In the facts and circumstances of the case, I find it appropriate that respondent No.2 disposes of the petitioner’s representation in the light of the report said to have been submitted by the Executive Engineer. Accordingly, the writ petition is disposed of with the direction to respondent No.2 to dispose of the petitioner’s representation for permission to use machinery for removal of sand and silt taking into consideration report dated 17.03.2010 said to have been submitted by the Executive Engineer, Irrigation and Command Area Development, within a period of one (1) week from the date of receipt of a copy of this order, and communicate the decision to the petitioner immediately thereafter. As a sequel to disposal of main petition, WPMP No.9681 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 7th April, 2010 Note: Issue C.C in three (3) days vrn