IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 5241 of 2009 Between: K. Sampath Kumar, S/o. Rajanna, R/o. H.No. 3-11-15, Ramanthapur Colony, Hyderabad - 500 013. ..... PETITIONER AND 1 The Superintending Archaeologist, Hyderabad Circle, IIIrd Floor, II Block, Kendriya Sadhan, Sulthan Bazar, Hyderabad. 2 The Director, Excavation & Exploration, Archaeological Survey of India, Janpath, New Delhi 100 001. 3 The Director General, Archaeological Survey of India, Janpath, New Delhi - 100 001. .....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 in the nature of Writ of Mandamus, directing the respondents not to appoint/depute the non-qualified persons as Execution Subordinate to shift the ancient Monuments which are sub-merging under the Pulichintala Back Water and consequently direct the respondents to appoint/depute the qualified persons available in the department in pursuance of the Letter I/C/2008-2009/Gen.3916 dated 23-12-2008 by setting aside the same by calling eligible persons. Counsel for the Petitioner: MR. T. KOTESHWARA PRASAD Counsel for the Respondents: MR.A.RAJASHEKAR REDDY (ASST. SOLICITOR GENERAL) The Court made the following : ORDER: (per Sri Anil R. Dave, CJ) This is a public interest litigation wherein it has been alleged that certain ancient archaeological monuments were submerged in Pulichintala backwater and respondent authorities are likely to get the same excavated with the help of unqualified persons. In pursuance of the notice issued by this Court, Superintending Archaeologist, respondent No.1, has filed a counter affidavit stating that the allegations levelled in the petition are not correct. It has been submitted that the person who has been entrusted with the work is an expert in the subject and in the past he has done the work with regard to dismantling and transplanting of temples at Alampur and at other places and his work was found to be satisfactory by the respondents and therefore the same person has been entrusted with the work. The said person, namely, Sri P. Jayarami Reddy, is having sufficient experience in the said work as stated hereinabove. In the circumstances, we feel that the apprehension raised in the petition is not well-founded and, therefore, the petition is rejected with no order as to costs. We are sure that the respondent authorities will take due care to see that ancient archaeological monuments are properly traced out and even in future the work with regard to dismantling and transplanting of the said monuments would be entrusted only to the persons who are experts in the work. _______________ ANIL R. DAVE, CJ _______________________ RAMESH RANGANATHAN, J 16.7.2009 bnr