THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN W.P. No.9362 of 2009 19-08-2009 BETWEEN; Kureti Venkaiah and two others. ...Petitioners vs. The Government of Andhra Pradesh, Department of Industries and Commerce, Secretariat, Hyderabad and six others. ...Respondents THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE RAMESH RANGANATHAN W.P.9362 OF 2009 ORAL ORDER: (Per GR,J) The public auction held on 25-02-2009 for grant of leasehold rights for quarry of sand to reaches 6 and 7 of Krishna river in Guntur District even without obtaining a ground water feasibility report/recommendations from the 6th respondent is challenged in this writ petition filed in public interest as in transgression of Rule 9-B of the A.P. Minor Mineral Concession Rules, 1966 (for short “the 1966 Rules”). A learned Division Bench of this Court by the judgment dated 10- 08-2009 in W.P.No.9753 of 2009 had occasion to consider an identical issue and has held that the mandate of Section 9(B)(6) of the 1966 Rules operates notwithstanding the fact that Section 23 of the WALTA enables sand mining in Order V rivers, of which the river Krishna is one. In the light of the decision referred to supra, the auction notification dated 25-02-2009 insofar as it pertains to auction for grant of leasehold rights for sand quarrying in reaches 6 and 7 of Krishna River, in Guntur District, is quashed. Consequently any confirmation of the grant pursuant to the auction held consequent on the auction notification dated 25-02-2009 is declared inoperative. The writ petition is allowed as above. There shall be no order as to costs. ______________ GODA RAGHURAM,J __________________ RAMESH RANGANATHAN,J 19th AUGUST, 2009. TSNR