IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE SRI VILAS V. AFZULPURKAR WRIT PETITION No.11747 of 2008 Between: 1. Damuluru Field Labour Cooperative Society, No. H.1263, Damuluru Village, Ibrahimpatnam Mandal, Krishna District. represented by its President, Nakka Nageswara Rao, S/o. Yesobu, Aged: 58 years, Occ: Agriculture, R/o. Damuluru, Ibrahimpatnam Mandal, Krishna District. 2. Abburu Suribabu, S/o. Veerabhadraiah, Ibrahimpatnam Mandal, Krishna District. 3. Abburu Radha Krishna Murthy, S/o. Appaiah, R/o. Damuluru, Ibrahimpatnam Mandal, Krishna District. 4. Doppulapudi Bhushaiah, S/o. Nagaiah, R/o. Damuluru, Ibrahimpatnam Mandal, Krishna District. 5. Karumudi Koteswara Rao, S/o. Narasimha Rao, R/o. Damuluru, Ibrahimpatnam Mandal, Krishna District. ....Petitioners And 1. The Govternment of Andra Pradesh, Mines and Geology Department, Secreatariat, Hyderabad, rep. by its Secretary. 2. The District Level Committee for Sand Auction, represented by its Chairman/Joint Collector, Krishna at Machilipatnam. 3. The Director of Mines and Geology, BRKR Bhavan, Hyderabad. 4. The Asst. Director of Mines and Geology, Vijayawada, Krishna District. 5. Gogineni Bapaiah, S/o. Dasaradharamaiah, R/o. Kethaveerunipadu Village, Nandigama Mandal, Krishna District. ....Respondents 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 issue a writ of mandamus or any other appropriate writ or direction declaring the action of the 1st respondent herein in issuing Memo No.6852/SPIU & SAND/2007-3, dated 14.02.2008 and the consequential proceedings of the 4th respondent passed in Proc.No.Q/2007 dated 26.02.2008 permitting the 5th respondent to conduct sand quarrying from 26.02.2008 to 14.11.2008 as illegal, arbitrary and contrary to the rules. Counsel for the petitioners : Sri O. Manohar Reddy Counsel for respondent Nos.1 to 4 : Government Pleader for Mines and Geology Counsel for respondent No.5 : Sri D. Prakash Reddy, Senior Advocate assisted by Sri B. Mayura Reddy The Court made the following: ORDER: (per Anil R. Dave, C.J.) In this public interest litigation, which has been filed by Damuluru Field Labour Co- operative Society, order dated 26th February, 2008 passed by the Government of Andhra Pradesh in Department of Mines and Geology, has been challenged, whereby respondent No.5 has been permitted to carry on quarrying operations in respect of Damuluru Sand Reach of Ibrahimpatnam Mandal, Krishna District. Learned Advocate, Sri O. Manohar Reddy, appearing for the petitioners has submitted that the provisions of Rule 9-B(6) of the Andhra Pradesh Minor Mineral Concession Rules, 1966 (hereinafter referred to as ‘the Rules’) have been violated. It has been submitted that as per the afore-stated rule, it was necessary to obtain permission of the Conservator of River and Director, Ground Water Department before grant of lease under order dated 26th February, 2008, but as necessary permission from the said authority was not taken, order dated 26th February, 2008 is bad in law and, therefore, respondent No.5 should be prevented from carrying on quarrying operations. We have heard the learned Advocates. Upon hearing the learned Advocates and upon perusal of the impugned order, it is found that respondent No.5 was permitted to carry on quarrying operations by virtue of order dated 2nd February, 2007 for a period of one year. Unfortunately, the quarrying operations could not be continued by respondent No.5 for the reason that he was prevented from carrying on quarrying operations by the villagers and also due to the fact that a road was being laid. In the afore-stated circumstances, by virtue of order dated 26th February, 2008, extension has been granted to respondent No.5 for carrying on quarrying operations. In our opinion, the submission made by the learned Advocate for the petitioners that necessary permission from the Conservator of River and Director, Ground Water Department was required before grant of lease is not having any force for the reason that initial lease was granted on 2nd February, 2007, whereas Rule 9-B(6) of the Rules had come into force with effect from 12th April, 2007. Before the afore-stated Rule 9-B(6) had come into force, respondent No.5 had been granted lease, but by virtue of the impugned order, only an extension was granted because respondent No.5 was prevented from carrying on quarrying activities for the reason that a road was being laid at the relevant time and also because there were objections from the villagers. In the circumstances, the extension was granted so as to compensate respondent No.5. It has been also submitted by the learned Advocate for the petitioners that though the afore-stated rule had come into force with effect from 12th April, 2007, by virtue of an order passed by this Court, it was obligatory on the part of the respondent officials to take necessary permission from Conservator of River and Director, Ground Water Department. It is pertinent to note that in this petition, order dated 2nd February, 2007, whereby initial lease was granted, has not been challenged. In the circumstances, at this juncture, we would not like to go into the validity of order dated 2nd February, 2007, whereby the initial lease was granted. For the afore-stated reasons, we do not find any substance in this petition and, therefore, the petition is rejected. ANIL R. DAVE, C.J. 11th August, 2008 VILAS V. AFZULPURKAR, J. ........REGISTRAR To 1. The Secretary, Govternment of Andra Pradesh, Mines and Geology Department, Secreatariat, Hyderabad. 2. The Chairman/Joint Collector, Krishna, District Level Committee for Sand Auction, Machilipatnam. 3. The Director of Mines and Geology, BRKR Bhavan, Hyderabad. 4. The Asst. Director of Mines and Geology, Vijayawada, Krishna District. 5. Two copies to the Govt. Pleader for Mines & Geology, High Court Buildings, Hyderabad (OUT). 6. Two C.D. copies. ARS