THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN W.P. No.9385 of 2009 19-08-2009 BETWEEN; Jangiti Rajendra Prasad ...Petitioner vs. The Government of Andhra Pradesh, Department of Industries and Commerce, Secretariat, Hyderabad and four others. ...Respondents THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN W.P.9385 2009 ORAL ORDER: (Per GR,J) The public auction held on 25-04-2009 for grant of leasehold rights for quarry of sand from Jyothi Village limits, Sidhout Mandal, Kadapa District, pursuant to an auction notification dated 26-03-2009 and the proposal to grant the leasehold rights in favour of the 4th respondent even without obtaining a ground water feasibility report/recommendations from the 5th respondent is challenged in this writ petition filed in public interest as in transgression of Rule 9-B of the A.P. Minor Mineral Concession Rules, 1966 (for short “the 1966 Rules”). The Deputy Director, Ground Water Department-the 5th respondent has filed a counter-affidavit wherein it is admitted that clearance from the Ground Water Department for auction of rights to quarry sand as contemplated by Rule 9-(B)6) of the 1966 Rules was not obtained and that this is a violation. It is also admitted in this counter that while the answering respondent’s office had conducted joint inspection, submitted a report on 07-12-2004 and recommended only sand dunes for quarrying operations for local use and not for public use as per the Andhra Pradesh Water, Land & Trees Act, 2002 (for short “WALTA”), the auction was conducted during 2004 and the present impugned auction notice dated 26-03-2009 was again issued without obtaining ground water report in respect of the Jyothi sand reach; and it is further admitted that after 07.12.2004 no surveys were conducted to assess the ground water levels in Jyothi village sand reach as requisition for survey was not issued by the District Level Sand Committee. In the 3rd respondent’s counter, it is contended that the Jyothi Village sand quarry reach is situate on the banks of river Pennar, a V Order river as per WALTA; and as per Section 23(1)© thereof sand mining is permitted in V Order rivers including Pennar without affecting existing sources for irrigation, for drinking water or industrial purposes. The substratum of this respondent’s defence is that since sand mining is permitted in respect of V Order rivers qua the provisions of Section 23 of the WALTA, no ground water clearance as mandated by Rule 9-(B)(6) of the Rules need be obtained. A learned Division Bench of this Court by the judgment dated 10- 08-2009 in W.P.No.9753 of 2009 had occasion to consider an identical issue and has held that the mandate of Section 9(B)(6) of the 1966 Rules operates notwithstanding the fact that Section 23 of the WALTA enables sand mining in Order V rivers, of which the river Pennar is one. In the light of the decision referred to supra, the auction notification dated 26-03-2009 insofar as it pertains to auction for grant of leasehold rights for sand quarrying in Jyothi Village reach, is quashed. Consequently any confirmation of the grant pursuant to the auction held consequent on the auction notification dated 26-03-2009 is declared inoperative. The writ petition is allowed as above. There shall be no order as to costs. ______________ GODA RAGHURAM,J __________________ RAMESH RANGANATHAN,J 19th AUGUST, 2009. TSNR