THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.5831 OF 2010 Dated 15th March, 2010 Between: Cheruku Ranga Reddy …Petitioner And The Government of A.P. and four others …Respondents Counsel for the petitioner : Smt B.Neeraja Sudhakar Reddy Counsel for respondents 1 to 3 : AGP for Mines and Geology The Court made the following ORDER: This writ petition is filed for a Mandamus to declare tender notification dated 24.02.2010 issued by respondent No.3 for auctioning sand in River Godavari as illegal and arbitrary. The petitioner claims to be an agriculturist of Kistapur Village, Jaipur Mandal, Adilabad District. He felt aggrieved by the impugned notification, whereby the respondents are seeking to conduct auction of leasehold rights for mining sand in River Godavari. At the hearing, Smt B.Neeraja Sudhakar Reddy, learned counsel for the petitioner, submitted that respondent No.5-Gram Panchayat has passed a resolution to the effect that removal of sand in the River Godavari within the Gram Panchayat limits causes depletion of ground water and therefore, no sand auction shall be held. She further submitted that the auctioning authority has not taken permission of respondent No.5-Gram Panchayat before issuing the impugned notification. Rule 9 of the Andhra Pradesh Minor Mineral Concession Rules, 1966 lays down exhaustive procedure for holding auctions. It contained a code in itself. Under the Rules, before auction is notified, clearances from the Ground Water Department and River Conservator are required to be obtained. A perusal of the impugned notification shows that such clearances have already been obtained. The learned counsel for the petitioner is unable to place before the Court any statutory provision or Executive instruction, which necessitates obtaining of clearance from the Gram Panchayat concerned. In my considered opinion, in the absence of infraction of any statutory provision or Executive instruction, the competent authority cannot be restrained form holding sand auction. In view of the above, I find no reason to entertain this writ petition. The writ petition is, accordingly, dismissed. As a sequel to dismissal of main petition, WPMP No.7516 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 15th March, 2010 vrn