ORDER : 1. Inaction on the part of the respondents in taking any action with regard to the illegal quarrying and transportation of gravel in Sy. No. 310/2B, Sy. No. 7/6 admeasuring Ac. 42.00 cents and Ac. 7.07 cents, respectively, in Vadlamudi Village of Chebrolu Mandal, Guntur District, is subject matter of challenge in this present Public Interest Litigation, filed by one M. Nageswara Rao claiming himself to be a public spirited individual and concerned with the general public. 2. The gist of the facts are as under: It is stated that the land referred to above is a government land and as per the entries in the adangal, the land is shown as water tank. The local leaders, in connivance with the officials of the Mining Department, started quarrying the red soil in several villages of Chebrolu Mandal and selling the same without obtaining any permission from the competent authorities. It is averred that by virtue of illegal excavation of gravel, the Government of Andhra Pradesh is not only losing royalty, but the same is causing ecological imbalance in the villages. The Counsel for the Petitioner placed on record certain photographs to show the alleged illegal quarrying and transportation of gravel. He claims to have made a representation to the authorities bringing to their notice the illegal quarrying, but to no avail. Hence, the present Public Interest Litigation came to be filed. 3. Counters came to be filed by all the respondents disputing the averments made in the affidavit filed in support of the Writ Petition. In the counter filed by the respondent Nos. 1 and 5 on 13.8.2020, it has been stated that the Collector vide proceedings dated 14.02.2020 accorded permission for excavation of silt/earth/gravel from the government lands in Vadlamudi Tank and Vejendla Gram Panchayats, subject to payment of seigniorage fee, DMF and other taxes, if any, and also subject to the following conditions: 1. PD, DWMA shall place a responsible person for close monitoring on excavation and transportation of Silt/Earth/Gravel from the above gram panchayats. 2. PD, DWMA shall make a proper mechanism for accountability by way of issuing of slips/tokens for each vehicle carrying mineral showing the details of vehicles No. Quantity and place of unloading or destination. 3. PD, DWMA shall place a responsible person for close monitoring on excavation and transportation of Silt/Earth/Gravel from the above gram panchayats. 2. PD, DWMA shall make a proper mechanism for accountability by way of issuing of slips/tokens for each vehicle carrying mineral showing the details of vehicles No. Quantity and place of unloading or destination. 3. Any deviation noticed in this regard is strictly punishable and the Tahsildar and Mandal Parishad Development Officer, Chebrole are instructed to look after the excavation of Gravel and not to commit any irregularities in excavation of Gravel and not to commit any irregularities in excavation of Gravel: S. No. Name of the Gram Panchayat Extent of land with survey numbers Extent for excavation of Gravel 1. Vejendla 554-B3 0.22 Acres 426-2 2.00 Acres 2. Vadlamudi 310 40.00 Acres 4. In paragraph No. 4 of the said counter, it has been stated that the Project Director, DWMA, Guntur, vide letter Rc. No. 168/2020/D, dated 15.02.2020, while enclosing the proceedings, dated 14.02.2020, of the Collector (PW), Guntur, addressed a letter to Mandal Parishad Development Officer, Chebrole, issuing instructions to take “Development of Housing Colony under Land Development Project in Community land” works under priority basis. It is stated that leveling of low lying house sites and formation of internal gravel roads in housing colonies works are permissible under MGNREGS and accordingly instructions were given to arrange two teams for close monitoring on excavation and transportation of gravel. Insofar as payment of royalty to the Government, the Assistant Director of Mines and Geology, Guntur, shall furnish details of the quantity of gravel excavated and transported from Vadlamudi and Vejendla villages for housing layouts and also collection of seigniorage fee, DMF and other taxes on the said quantity. 5. With regard to the representation made by the petitioner, bringing to the notice of the authorities, the alleged illegal mining, the same has been answered in Paragraph Nos. 7 and 8 of the counter as under: “7. It is respectfully submitted that with regard to receiving of the representation/ complaint made by the petitioner by the 5th Respondent in particular, it is to submit that the Director of Mines and Geology, Ibrahimpatnam vide Memo No. 2947595/Vg/2019, dated 03.06.2020 while enclosing the complaint dated Ni. Filed by Sri. Morla Nageswara Rao, Guntur against the illegal mining of Gravel from an extent of 40.44 Acres in Sy. Filed by Sri. Morla Nageswara Rao, Guntur against the illegal mining of Gravel from an extent of 40.44 Acres in Sy. No. 310-2B of Vadlamudi Village, Chebrole Mandal, Guntur district, has requested the Deputy Director of Mines and Geology, Guntur to take necessary action and submit detailed report in the matter. The same has been endorsed to the Asst. Director of Mines and Geology, guntur and in turn, the Asst. Director of Mines and Geology, Guntur vide Letter No. 1230/Illegal/2020, dated 18.06.2020 has submitted detailed report to the Director of Mines and Geology, herein Respondent No. 5, that the Tahsildar, Chebrole Mandal vide Letter Rc. No. 123/2020-A, dated 05.05.2020 while enclosing the FIR No. 86/2020, dated 05.05.2020 and Rc. No. 168/2020/D, dated 15.02.2020 stated that the PD, DWMA, Guntur, has accorded permission for transportation of Gravel in ZP lands for leveling of low lying House sites and formation of internal roads in Housing Colonies. But some persons are doing illegal mining during night and they have conducted the inspection in the subject area and detained the Six (6) lorries i.e. (1) AP 39 AT 4748, (2) AP 39 U 5717, (3) AP 07 TM 4518, (4) AP 07 TM 5256, (5) AP 16 TJ 5554 and (6) AP 39 T6, two tractors (1) AP 07 TU 9201 and (2) AP 07 TH 6720 and three poclains are handed over to the Station House Officer, Chebrole for safe custody and requested the Asst. Director of Mines and Geology, Guntur to take necessary action. 8. It is respectfully submitted that as per the contents of the FIR, Sri. Vejendla Prasad, VRO of Vadlamudi and Sri. Syed Mabu Subhani and Patan China Silar, VRAs of Vadlamudi have filed complaint on 05.05.2020 in SHO, Chebrole, stating that they found illegal mining (Red soils) of Government property in quarry without having permission and also violating Government Lock Down orders on COVID-19. Two Tractor drivers are stay at the site and the remaining drivers are escaped. The Tractor drivers have stated that (1) Sri. Vattikunta Nagi Reddy R/o Vejendla and (2) Sri. G. Venugopal R/o Sekuru are encouraging them in such illegal quarrying and transportation. Hence, filed FIR against Sri. Vattikunta Nagi Reddy and Gairuboina Venugopal along with 03 Tractor Drivers.” 6. Two Tractor drivers are stay at the site and the remaining drivers are escaped. The Tractor drivers have stated that (1) Sri. Vattikunta Nagi Reddy R/o Vejendla and (2) Sri. G. Venugopal R/o Sekuru are encouraging them in such illegal quarrying and transportation. Hence, filed FIR against Sri. Vattikunta Nagi Reddy and Gairuboina Venugopal along with 03 Tractor Drivers.” 6. Basing on the material available on record, it appears that excavation and transportation was conducted in the said area from 16.02.2020 to 21.03.2020 and during that period, quantity to a tune of 64,251 cubic meters of gravel has been transported from the subject area to various house sites for execution of housing programme of the State. The transported quantity was deducted from the pit measurement and accordingly found that the total quantity of gravel excavated would be around 74,081 cubic meters. Having regard to the above, it was found that two persons, namely, V. Nagi Reddy and G. Venugopal illegally excavated 9,830 cubic meters of gravel from the subject premises, over which appropriate action has been initiated against the said persons. 7. A reading of the counter filed by Respondent No. 1 and Respondent No. 5 on 05.12.2020 would disclose registration of crime, seizing of tractors and lorries. 8. The Government Pleader for Revenue also filed a counter on 02.12.2020, disclosing the permissions granted by the Collector for excavation of Silt/Earth/Gravel from Vadlamudi Tank and Vejendla Gram Panchayats government lands and the registration of the crimes, seizure of vehicles used in illegal mining. The counter also reflects the quantity of gravel illegally excavated by two persons against whom criminal case has been registered, apart from taking action under the relevant provisions of Mines and Minerals Act. 9. Though Sri. Subba Rao Korrapati, learned counsel appearing for the petitioner, would contend that huge quantity of gravel, running into 20,000 cubic meters, has been excavated and transported, but, the material relied upon by him in respect of the same, in our view, does not establish beyond doubt the quantity of gravel as alleged was excavated illegally. 10. Be that as it may, as seen from the material placed before this court, a case in crime No. 86 of 2020 was registered for the illegal mining in Chebrole Police Station limits and pursuant thereto, two tractors, six lorries, three proclainers (JCBs) were said to have been seized. 10. Be that as it may, as seen from the material placed before this court, a case in crime No. 86 of 2020 was registered for the illegal mining in Chebrole Police Station limits and pursuant thereto, two tractors, six lorries, three proclainers (JCBs) were said to have been seized. Details of which are mentioned in the affidavit filed in support of the same. Therefore, the argument of the learned counsel for the petitioner that no action has been initiated may not be correct. Apart from that, the counter also indicates illegal excavation of gravel to a tune of 9,830 cubic meters by the two persons, whose names were referred to in the F.I.R. and penalty of Rs. 5,00,000/- was imposed, apart from directing them to pay seigniorage fee @ Rs. 45/- per cubic meter. In view of the fact that action has been taken against the said two persons, who are responsible for illegal quarrying and transportation, we feel that the request of the petitioner in this writ petition has been substantially attended to. 11. Hence, the Writ Petition is disposed of directing the authorities to see, that the crime registered is taken to its logical end and the illegal quarrying and transportation of the gravel do not take place. However, it is made clear that any quarrying or transportation of the gravel shall be in accordance with the procedure established by law. No costs. 12. Consequently, miscellaneous petitions pending, if any, shall stand closed.