JUDGMENT

P. K. BALASUBRAMANYAN, CJ. — The prayer in this writ petition is for the issue of a writ of certiorari to set aside or cancel the auction held in respect of the sand source pertaining to Khata No. 1902, Plot No. 4148, Area - 45 acres under mouza Pratapsasan, Dis¬trict-Khurda. The writ petition proceeds on the basis that it is in public interest. The main aspect projected before us at the time of hearing is that by auctioning the sand source and permit¬ting the contractor to remove the sand away from the source, the embankment of the river in the concerned area will be severelly damaged leading to danger to the public during floods. The peti¬tioners placed strong reliance on the letters of two Executive Engineers of the Irrigation Department annexed as Annexures 1 and 2 to the original petition. Annexure-1 is the letter dated 5.11.2001 written by the Executive Engineer. Nimapara Irrigation Division, Nimapara to the Tahasildar, Bhubaneswar when the pro¬posed auction of the sand source was not finalised. We think it appropriate to quote the said letter :

“In inviting a reference to your above cited letter, it is to inform you that due to auction of above sand source in Mouza - Pratapsasan, the flood embankment will be damaged due to plying of loaded tractors and trucks at the time of lifting sand from the river bed for which it will be create problem to human life and public utility at the time of flood.

However, there is no objection for auction of sand sources, but it should be repaired before 10th of June positively and the Tahasildar should certify that the damage has been recouped, otherwise this Department will not be responsible for any damage occurs during the flood period. If It is considered to include a condition for realisation of cost of the repair from the highest bidder, you may to do so and should send a copy of such Agreement to this Office and ensure realisation of such amount after get¬ting the sanctioned amount for restoration of the damage from this end.”

There is further endorsement while submitting a copy to the District Collector for favour of information. The said endorse¬ment reads thus :

“Due to leasing out of sand sources at different places, the auction holders usually cut the bank to pass the vehicle and even use embankment top for carriage of sand. Due to plying of heavy vehicles, as earthen bank, the bank generally settles and cracks are formed which pose lot of problems during flood. Suitable measures may please be taken to ensure the repair of such damage by the auctions and Tahasildars may kindly be asked to ensure the same.”

The next letter dated 15.12.2001 is by the Executive Engineer of Puri Irrigation Division, Puri to the Tahasildar, Bhubaneswar. The said letter reads thus :

“Inviting a reference to the subject noted above, I am to inform you that I have inspected the concerned site today i.e.on 15.12.2001 and found that carriage of sand as reposed to be settled at Pratapsasan will not be genuine from technical point of view. The most important structure i.e. Bhargovi Syphon which supplies water in Kharif season and Rabi season to most important canal systems in Sakhigopal Branch Canal, Kanas Branch Canal and Delang Distributary with a view to irrigate major part of cultivable lands of Puri District is located very near to the proposed site. The loaded Trucks and Tractors which will be engaged at this site will not have their control and there is every apprehension of occurrence of unexpected severe damage to the above important structure. Moreover the river bank will be damaged due to continuous ply of sand loaded vehicles engaged for the purpose of carriage of sand.

Under the above circumstances I am to request you to kindly change the site to another suitable place instead of Pratapsasan as proposed by you.

This is for your information and necessary action please.”

Copy of this letter was also submitted to the Collector for information and necessary action. The file made avai