HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.29215 of 2008 Date : 24-6-2011 Between: Yelisetti Simhachalam and another .. Petitioner And The State of A.P., represented by its Principal Secretary, Home Department Hyderabad and others .. Respondents Counsel for petitioners : Sri P. Roy Reddy Counsel for respondent Nos.1 to 4 : None appeared Counsel for respondent No.5 : A.G.P. for Mines & Geology Counsel for respondent No.6 : Sri G.Raja Babu for Smt.N.Shoba The court made the following: ORDER: This Writ Petition is filed for a mandamus to declare the inaction of respondent Nos.1 to 5 in taking action against respondent No.6 for stoppage of illegal quarry operations by using explosives in Sy.No.177 of Vakapalli village, Devarapalli Mandal,Visakhapatnam District, as illegal and arbitrary. Respondent No.5 filed a counter affidavit wherein it is inter alia submitted that on the representations received from the petitioners, his office has conducted a detailed inspection and enquiry which revealed that respondent No.6 has conducted quarry operations outside his leased area by encroaching towards North, abutting the agricultural lands of the petitioners and that thereupon respondent No.6 stopped the quarry operations. It is further stated that at the time of grant of the lease, respondent No.6 has given an undertaking to the effect that he will not conduct quarry operations on the North-Western portion of the hillock where the patta lands of the petitioners and others are situated abutting the foot-hill. At the hearing, learned counsel for respondent No.6 stated that on 16-7-2009, the quarry lease granted in favour of respondent No.6 was revoked challenging which his client has filed a statutory appeal and that the same is pending. In the light of the facts noted above, the cause for adjudication of the Writ Petition on merits does not survive as both the official and non-official respondents have stated, albeit for different reasons, that respondent No.6 is not undertaking quarry operations any longer. In future, in the event of restoration of the quarry lease in favour of respondent No.6 and his undertaking illegal operations outside his leased area, the petitioners shall be free to approach the official respondents upon which they shall take appropriate action against respondent No.6 in accordance with law to prevent such illegal quarry operations. Subject to the above observations, the Writ Petition is disposed of. As a sequel, interim order dated 20-1-2009 is vacated and WPMP No.38159/2008 is disposed of as infructuous. ________________________ Justice C.V. Nagarjuna Reddy Date : 24-6-2011 AM