IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.1742 of 2010 Between: Bobba Nanda Kumar ..... Petitioner AND 1.The District Level Sand Committee, rep. by its Chairman and Collector, East Godavari District and 2 others. .....Respondents Counsel for the Petitioner: Sri Y.Sudhakar Counsel for the Respondents: AGP for Mines and Geology The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the action of the respondents, in allowing sand quarrying and dumping of sand in the petitioner’s land, admeasuring Ac.2-00 cents in Survey No.583/3 of Rajahmundry, Rajahmundry Urban, East Godavari District, as illegal and arbitrary. The limited but legitimate grievance of the petitioner is that the respondents are not taking effective steps to prevent illicit sand quarrying by the leaseholders of the quarry situated on the Godavari River bed, adjacent to the petitioner’s lands. To substantiate his contention that such illicit quarrying is being done, the petitioner has filed a document styled as ‘Hand Over Certificate’, signed by the Village Revenue Officer and others, wherein it is mentioned that on 9th January, 2010 at about 10-00 a.m., 210 cubic meters of sand, stored for illegal transport, was seized near RWS Pumping scheme and the same was handed over to the petitioner. No counter-affidavit is filed by the respondents to inform the Court as to whether any steps were taken by them to prevent illegal mining and dumping of sand in the patta land of the petitioner. While granting mining lease on the riverbed, situated adjacent to the private patta lands, it is the bounden duty of the respondents to ensure that the neighbouring land owners do not suffer on account of the illicit activities of the lease holders. The petitioner is permitted to make a detailed representation to respondent No.3 on this aspect. If such a representation is filed, respondent No.3 shall hold an appropriate enquiry identifying the persons, who are involved in the abovementioned illicit activity, and take effective steps to prevent the same. Subject to the above direction, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, interim order, dated 08-02-2010, is vacated and WPMP.No.2351 of 2010, filed by the petitioner for interim relief, is disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 9th March, 2010 lur