WP/2575/2002 of Smt.G.Aparna Srinivas, Vs The Dist., Collector, on 28 December 2006

ORDER:

1. This Court issued rule nisi on 11-2-2002 andgranted interim stay of auction as prayed for inW.P.M.P.No.3083/2002.

2. The petitioner, the then elected Chairperson ofSiddipet Municipality filed the present Writ Petition prayingfor a writ of mandamus declaring the action of therespondents in calling for sealed tender/open auction videletter No.A2/2903/98-PR dated 29-1-2002 in respect ofElagandal and Khazipur Gram Panchayat of KarimnagarMandal as illegal, arbitrary, without any justification and topass such other suitable orders.

3. It is stated that it is the responsibility of the writpetitioner to look after the welfare of the residents ofSiddipet by providing the amenities such as drinking water, electricity, sanitation, road etc. It is also stated thatfor the purpose of drinking water supply the Governmentevolved a scheme by digging infiltration wells to drawwater from Maneru river. Accordingly the Municipality hadalready dug three infiltration wells and constructed a atPothur village in the Maneru river. The water drawn fromthe three wells will be taken to another intake well andfrom there the water will be pumped to Siddipet fordrinking purpose. The Maneru river flowing down streamis the main source of drinking water for the Siddipet town. It is also stated that during summer there will be heavyscarcity of water in the town due to depletion of the waterin the river bed and with great difficulty water will be drawnthrough the infiltration wells which is hardly sufficient forthe residents of Siddipet town. It is also stated that the 2[nd]respondent issued notification vide letter No.A2/2903/98-PR dated 29-1-2002 inviting sealed tender/open auctionfor sand quarry lease in respect of 15 Mandals. It isstated that the petitioner is concerned in respect ofElagandal and Khazipur Gram Panchayats of KarimnagarMandal on 19-2-2002 and 14-2-2002 respectively. It isfurther stated that Elagandal and Khazipet villages arewithin the periphery of 4 K.Ms. where the water supplyHead Works are situated. It is further stated that as theSiddipet Municipality is facing severe scarcity of drinking water, if the respondent authorities allow quarrying ofsand, the same would result in further depletion of water inthe infiltration wells as the said wells are adjacent tlElagandal and Khazipur Gram Panchayats. The saidaction of the respondents in inviting sealed tenders/openauction in respect of Elagandal and Khazipur GramPanchayats of Karimnagar Mandal is wholly illegal,arbitrary and without any justification. It is also stated thatthe Commissioner, Siddipet Municipality had alreadysubmitted a representation to the District Collector,Karimnagar bringing to his notice that the sand mining atManeru river bed at Pothur village will result in acute downfall in the water levels and consequently the existing filterpoints would dry up and thereby the drinking water supplyto the Siddipet town would be affected. The residents ofElagandal and Khazipur Gram Panchayats had alsosubmitted their representation on 2-2-2002 forcancellation of open auction/sealed tender scheduled tobe held on 14-2-2002 and 19-2-2002. It is furtherstated that the Superintending Engineer (PH), West Circle,Hyderabad, Public and Health Municipal EngineeringDepartment, vide letter No.647/T2/DivisionBench/D8/Aug-WS/Spet/Vol.III/2000/2357 dated 13-12-2001 requested the 1[st] respondent to give necessaryinstructions to the concerned authorities for stoppage of

sand mining in Maneru river bed near Pothur village withinthe periphery of four kilometers from either side of WaterSupply Head Works. It is also further stated that theDistrict Collector, Medak at Sanga Reddy vide his letterNo.D4/6736/2001 dated 21-12-2001 had addressed aletter to the District Collector, Karimnagar and requestedto give necessary instructions to the concerned authoritiesfor the stoppage of sand mining in Maneru river bed,Pothur village within the periphery of 4 K.Ms. from eitherside of Water Supply Head Works and in spite of thesame the respondents-authorities are proceeding with theauction of sand mining on 19-2-2002 and 14-2-2002in respect of the said two villages.

4. On instructions, the learned AssistantGovernment Pleader for Panchayat Raj states that in viewof the interim order granted by this Court no fresh auctionas such had been conducted for Elagandal and Khazipursand quarries. It is also stated that in view of theamendment and the subsequent changed circumstancesliberty may be given to the respondents to reexamine thewhole issue.

5. Accordingly, liberty is given to therespondents to examine the whole issue again and takeappropriate decision in this regard. It is needless to saythat the general interest of the public of the locality alsomay have to be kept in view while taking a decision in the issue. With the above directions, the Writ Petition isdisposed of. No costs.

_________________Justice P.S.Narayana

Date : 28-12-2006

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