IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12864 of 2009 Between: Shanmukha & Company A Partnership Firm, Rep. by its Managing Partner Mr. G. Ranga Rao S/o. Sri Paddaiah 58 yrs, Occ: Business R/o. Gottumukkala Village Kanchikacherla Mandal, Krishna District. ..... PETITIONER AND 1 The Government of Andhra Pradesh Department of Mines & Geology (Vigilance Wilng) Krishna District, At Vijayawada. 2 The Asst. Director of Mines & Geology Nandigama, Krishna District Cum Member Convener The District level Committee for Sand Auctions Krishna District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring action of the respondents and their staff in interfering with petitioner's right to enjoy the lease hold rights, repair the pathways, ramp and use material for pulling vehicles situated at Chevitikallu Sand Reach Kanchikacherla Mandal, Krishna District as arbitrary illegal colourable exercise of power discriminatory, violative of principles of natural justice against the procedure contemplated under the A.P. Minor, Mineral Concession Rules 1966 violative of the Fundamental Rights guaranteed under Articles 14 and 19 of the Constitution of India and consequently direct the respondents not to interfere with my right to conduct quarry operations by way of laying ramp and pathways and use machinery for pulling vehicles as notified by them Counsel for the Petitioner:MR.C.V.R.RUDRA PRASAD Counsel for the Respondent No.: GP FOR MINES AND GEOLOGY The Court made the following : HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 12864 of 2009 Oral order: The petitioner, which is a partnership firm, represented by its Managing Partner, states that that they have been granted licence in Form-D to sell/store/trade sand at Sy. No. 240/5 of Chevitikallu, Kanchikacherla Mandal, Krishna district, for a period from 02.06.2009 to 31.03.2011, and that while the same is in subsistence, the respondents and their staff are interfering with their right to enjoy the leasehold rights, repair the pathways, ramp and use material for pulling vehicles situated at Chevitikallu Sand Reach, Kanchikacherla Mandal, Krishna District, which the petitioner contends, is arbitrary and illegal. The learned Government Pleader for Mines and Geology appearing on behalf of the respondents on instructions submitted that vigilance cell, which conducted raid at the sand reach of the petitioner, reported that the petitioner instead of excavating sand from the reach, in respect of which he was granted licence, has encroached the neighbouring sand reach and is illegally excavating the sand therefrom. However, he denied that the respondents and their staff interfered with the excavating operations being conducted by the petitioner in his sand reach. Heard the learned counsel for the petitioner and the learned Government Pleader for Mines and Geology for the respondents, and both of them agreed to the disposal of the writ petition with the following directions: The respondents are directed not to interfere with the excavation of the sand by the petitioner from the reach in respect of which he has a valid lease. However, if the petitioner violates the terms and conditions of the licence in the excavation of the sand and if they have any material that the petitioner is encroaching into the neighbouring reaches and excavating the sand illegally, then the respondents are at liberty to issue notice to the petitioner calling for his explanation, if any, as to the alleged violations, and then pass appropriate orders and take action in accordance therewith. Accordingly, the writ petition is disposed of. No costs. ________________ N.V. RAMANA, J. Dated: 07th July, 2009 KSR