THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.1447 of 2010 DATE:29.01.2010 Between: Smt. Setty Sampurnamma ... Petitioner and The District Collector, Prakasam District at Ongole and others. ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.1447 of 2010 ORDER: According to the petitioner, she is a landless poor person and on her representation in the year 1990, she was granted D.K.T. Patta in Sy. No.248/2 and 248/7 to an extent of Ac.2.44 cents in Yerrazerla village, Ongole Mandal, Prakasam District. Since then she is in possession and enjoyment of the said land. While so, when she intend to cultivate the land, she found that the land is covered with some unwanted material like rocks, stones, pebbles and unwanted earth. Then she approached the 1st respondent-District Collector, Prakasam District at Ongole and made several representations to grant permission to remove and transport the said material from her land. But since there is no response from the respondent-authorities and the respondents 3 and 4 are also preventing her to remove the unwanted material, she approached this Court and filed the present writ petition. 2. Heard both the learned counsel for the petitioner and the learned Government Pleader for Home and perused the record. 3. The learned counsel for the petitioner contended that in a somewhat similar case, in W.P.M.P.No.177 of 2009 in W.P.No.167 of 2009, dated 20-01-2009, this Hon’ble Court, while granting interim order, directed the respondednt-authorites not to interfere with the transprot of unwanted material. He futher contended that it is only an unwanted material, but not sand, and as such, it does not fall wthin the definition of ‘Mineral’. 4. On the other hand, the learned Government Pleader for Mines and Geology has contended that the petitioner has not obtianed required permission from the 1st respondent and hence, she cannot remove and transport the said material from the land. 5. However, during the course of arguments, the learned counsel for the petitioner as well as the learned Government Pleader for Mines and Geology have agreed to remove and keep the same at a corner of the land and thereafter, the officials of the Mines & Geology Department will inspect the same and see that the material is sold by way of public auction. 6. In the light of the consensus arrived at between the parties, this writ petition is disposed of directing the petitioner to remove the material i.e. rocks, stones and pebbles and unwanted earth and keep the same at a corner of the entire land and make a representation to the 3rd and 4th respondents and on such representation, they shall see that the said material is sold by way of public auction. This exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ____________________________ GOPALA KRISHNA TAMADA, J 29th January, 2010 kvr