HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.12443 of 2010 Date 25.08.2010 Between: Gummadi Sambasiva Rao. ..... PETITIONER AND The District Collector, Krishna District and others. .....RESPONDENTS Counsel for the Petitioner : Sri A.Sanjeev Kumar Counsel for Respondent Nos.1 to 4: Assistant Government Pleader for Mines and Geology Counsel for Respondent No.5 :Sri C.V.R. Rudra Prasad The Court made the following : HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.12443 of 2010 ORDER: This Writ Petition is filed for a Mandamus to declare the inaction of respondent Nos.1 to 3 in preventing respondent No.5 from carrying on illegal quarry operations in Godavarru sand reach covered by lease granted in favour of the petitioner as illegal and arbitrary. I have heard the learned Counsel for the petitioner, learned Assistant Government Pleader for Mines and Geology representing respondent Nos.2 and 3 and Sri C.V.R.Rudra Prasad learned Counsel representing respondent No.5. While the petitioner is a lessee of sand reach pertaining to Godavarru, respondent No.5 is holding a lease pertaining to Madduru sand reach. These sand reaches are situated adjacent to each other. When the petitioner complained that respondent No.5 has been illegally carrying on quarry operations in the Godavarru reach, respondent No.4 has addressed a letter dated 07.05.2010 to respondent No.2, Assistant Director of Mines and Geology, Guntur, for taking appropriate steps to prevent respondent No.5 from quarrying in Godavarru sand reach. Alleging that no action has been taken thereon, the present Writ Petition is filed. The respondents have not filed their counter affidavits. However, Sri C.V.R.Rudra Prasad, learned Counsel for respondent No.5, placed before this Court a letter No.1418/Sand/2010 dated 01.07.2010 addressed by the Assistant Director of Mines and Geology, Vijayawada to the Assistant Director, Survey and Land Records, Machilipatnam, Krishna District with a request to attend the joint survey and inspection scheduled on 07.07.2010 to fix the boundaries between the above mentioned two sand reaches. He stated that since the river has started flowing thereafter, the joint survey could not be held. Learned Assistant Government Pleader for Mines and Geology submitted that as and when the flow subsides paving way for conducting joint survey, the joint survey will be held and clear boundaries demarcated. In view of these submissions, the Writ Petition is disposed of with a direction to respondent Nos.2 and 3 to ensure that a joint survey is held as envisaged in the above mentioned letter dated 01.07.2010 as early as possible and within a reasonable time of the river flow abating and fix the boundaries in order to settle the boundary disputes between the petitioner and respondent No.5. As a sequel to disposal of the main petition, WPMP.No.15695 of 2010 filed by the petitioner for interim relief is dismissed as infructuous. C.V. NAGARJUNA REDDY,J Date:25.08.2010 usd