IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 23831 of 2001 Between: Singamsetti Veeraraju S/o Kanakaraju R/o Sanivarapupeta, Eluru Mandal, West Godavari District. ..... PETITIONER AND 1 The Mandal Revenue Officer, Pedavegi, West Godavari District. 2 The Revenue Divisional Officer, Eluru, West Godavari District. 3 The Station House Officer, Pedavegi, West Godavari 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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 1 and 3 in interfering with the petitioner's agricultural operations in replacing the infertile soil with fertile soil in Sy.No. 71/1B, 2 and 73/5, of Dondapadu Village, West Godavari District in an extent of Ac. 2.93 cents as illegal, arbitrary high handed and against the principles of natural justice and contrary to Articles 14, 19, 21 and 300- A of the Constitution of India and issue consequential direction to the respondents not to interfere with the petitioner's law-ful activities inrespect of the said land including replacing the infertile soil with fertile soil in R.S.No. 71/1B, 2 and 73/5 Dondapadu Village, West Godavar District. Counsel for the Petitioner:M R.G.JAYAPRAKASH BABU Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 23831 of 2001 O R D E R : This writ petition is filed seeking a declaration that the alleged action of the respondents in interfering with the operations being carried on by the petitioner on his land in Sy.No. 71/B, 2 and 73/5 of Dondapadu Village, West Godavari District to an extent of 2.93 cents by replacing the infertile soil with fertile soil is arbitrary and illegal. Having regard to the specific plea of the petitioner that he was only replacing the infertile soil with fertile soil for the purpose of cultivation of the land, this Court initially passed an interim order on 20-11-2001 directing the respondents not to interfere with the petitioner’s activity. However, the respondents in their counter affidavit disputed the version of the petitioner and stated that the petitioner was not carrying on any agricultural operations in the land in question but he was carrying on sand quarrying operations in contravention of Rule 5 and 9B of A.P. Minor Mineral Concession Rules 1966. In the circumstances, after hearing both parties, this Court by order dated 03-04-2002, vacated the interim order. The petitioner has neither challenged the said order nor any other material is placed before this Court disputing the stand taken by the respondents in the counter affidavit. In the circumstances, the writ of Mandamus as prayed for cannot be granted. Accordingly, the writ petition is dismissed. No costs. ______________ G. ROHINI, J Date: 24-11-2008 KLP