IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14522 of 2008 Between: 1.S.K. Baba Sharifuddin S/o. Sydulu R/o. Peddamandava Village, Mudigonda Mandal, Khammam District. 2.S.K. Khader Baba S/o. Sydulu R/o. Peddamandava Village, Mudigonda Mandal, Khammam District. 3.S.K. Nabisah S/o. Sydulu R/o. Peddamandava Village, Mudigonda Mandal, Khammam District. 4.S.K. Badesab S/o. Sydulu R/o. Peddamandava Village, Mudigonda Mandal, Khammam District. 5.S.K. Khasim Saheb S/o. Sydulu R/o. Peddamandava Village, Mudigonda Mandal, Khammam District. ..... PETITIONERS AND 1 The District Level Sand Committee Rep. by its Member Convenor, Karimnagar, Karimnagar District. 2 The District Collector, Khammam. 3 The Mandal Revenue Officer, Mudigonda Mandal, Khammam. 4 Assistant Director of Mines and Geology Khammam. .....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 an order or writ one in the nature of writ of Mandamus declaring the action of the respondents in not considering representation of the petitioners dt. 11-1-208 for granting permission for lifting and transporting sand accumulation in the patta lands of petitioners in Sy.No. 54/1 extent of Acs. 3.37, Sy.No. 54/2 extent of Acs 4.00, Sy.No. 54/3 extent of Acs 3.00 , Sy.54/4 extent of Acs 5.16, Sy.No. 54/5 extent of Acs 5.00 and Sy.No. 55 extent of Acs 4.24 of Pedamandava Village, Mudigonda Mandal , Khammam District, as arbitrary illegal, unjust unconstitutional and contrary to A.P. Minor Mineral Concession Rules 1966 consequently direct the Asst. Director of Mines and Geology to issue permission for transporting the sand accumulated. Counsel for the Petitioners: SMT.N.SHOBA Counsel for the Respondents: GP FOR MINES AND GEOLOGY The court made the following: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.14522 of 2008 ORDER: This writ petition is filed seeking a declaration that the action of the respondents in not considering the representation of the petitioners, dated 11.01.2008, for granting permission to lift and transport the sand accumulated in the patta lands of the petitioners situated in Survey Nos.54/1, 54/2, 54/3, 54/4 and 54/5 of Pedamandava village, Mudigonda Mandal, Khammam District, is arbitrary, illegal, and contrary to the provisions of the A.P.Minor Mineral Concession Rules, 1966. The case of the petitioners is that they are pattadars and possessors of agricultural lands in question and that sand was deposited on the said lands to a depth of two feet on account of floods in the year 2007. It is pleaded that they are unable to carry on the cultivation due to accumulation of sand and therefore, they made a representation, dated 11.01.2008, requesting the respondents herein to take necessary steps for removal of the sand. Having heard the learned counsel for the petitioners and the learned Government Pleader for Mines and Geology appearing for the respondents, and since the representation made by the petitioners is pending before the respondents, without expressing any opinion on merits, the writ petition is disposed of with a direction to the respondents to consider the representation of the petitioners, dated 11.01.2008 and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of two weeks from the date of receipt of a copy of this order. No costs. _________________ 14.07.2008 VGB