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