Andhra Pradesh High Court
Judges : S.B.SINHA, V.V.S.RAO
Bheemagiri Bhaskar - Appellant
Versus
Revenue Divisional Officer, Bhongir - Respondent
Decided On : 04-27-01
Constitution of India, 1950 - Articles 14, 21, 48-A, 300-A and 226 - Mines and Minerals Act, 1957 - Section 17-A – Transportation and Agriculture - Who were said to have been granted permits/leases by Gram Panchayats for quarrying sand for a declaration that action of respondents in interfering with quarrying and transportation of sand by them as is arbitrary and illegal and for a direction upon respondents not to interfere with their right to quarry and transport sand - Second category of writ petitions viz - W - P Nos - 4640 and 5405 of 2001 are filed by some agriculturists who own agricultural lands nearby river-beds for a declaration that action of authorities in not taking steps to prevent illegal operations of quarrying and transporting of sand from river beds as illegal and unconstitutional and for a direction upon respondents to take steps to stop quarrying sand from riverbeds or streams as case may be - Held, It also mean that they do not derive any right thereover automatically - In any event as noticed hereinbefore, in some of cases a dispute has been raised by State that any sand is deposited on land and such a question cannot be gone into by this Court in exercise of its jurisdiction of Constitution of India - Competent authorities of State must therefore take recourse to law in terms of provisions under said Rules in respect of sand if any deposited at land of pattadars - Deposit of sand on land owners/pattadars land is an act of God but even by reason thereof no right is vested in them having regard to provisions of A - P Estate Abolition Act - We are therefore of view that no relief can be granted to land owners/pattadars - Order accordingly.
( 1 ) THE power of the District Collector to ban quarrying of sand and transportation thereof has come up for consideration in these Writ Petitions. Although all these writ petitions relate to the controversy as to the quarrying of sand from various river beds, streams flowing in various Gram Panchayat areas situated in Nalgonda, Medak, Mahaboobnagar and Warangal Districts, they can, however, be classified as three categories.
( 2 ) THE first category of writ petitions viz. , W. P. Nos. 25644 of 2000, 4255, 4398, 4407, 3617, 3277, 3303, 3581 and 3526 of 2001 are filed by the alleged lease-holders, who were said to have been granted permits/leases by the Gram Panchayats for quarrying the sand, for a declaration that the action of the respondents in interfering with the quarrying and transportation of sand by them as is arbitrary and illegal and for a direction upon the respondents not to interfere with the their right to quarry and transport the sand.
( 3 ) THE second category of writ petitions, viz. , W. P. Nos. 4640 and 5405 of 2001 are filed by some agriculturists who own agricultural lands nearby the river-beds for a declaration that the action of the authorities in not taking steps to prevent the illegal operations of quarrying and transporting of sand from the river beds as illegal and unconstitutional and for a direction upon the respondents to take steps to stop quarrying the sand from the riverbeds or streams as the case may be.
( 4 ) THE third category of Writ Petitions viz. , W. P. Nos. 22740 of 2000 and 4628 and 4639 of 2001 are filed by the land owners/pattadars for a writ of mandamus directing the respondents not to interfere with the petitioners in removing and disposing of the sand accumulated in their lands and for a declaration that the action of the respondents in not taking steps to remove the sand from their lands as arbitrary and illegal.
( 5 ) WRIT Petition No. 1270 of 2001 was, however, filed for a direction upon the respondents to extend the permission already granted to the petitioner for removal of the sand accumulated in his land and to transport the same and for a declaration that the action of the respondents in not taking steps to remove the sand is arbitrary and illegal.
( 6 ) THE factual matrix category-wise may be stated thus :in W. P. Nos. 25644 of 2000 and W. P. Nos. 4255, 4398, 4407, 3617, 3277, 3303, 3581 and 3526 of 2001, the petitioners were the highest bidders for quarrying of sand in the auctions held on various dates in the respective Gram Panchayat areas in Nalgonda, Medak and Warangal districts. They were granted leases for various periods subject to the condition that they should lay pucca approach roads from the respective Gram Panchayats to the quarries near the river beds from where they were permitted to quarry and transport the sand. The leases granted in favour of the petitioners are from 24-11-2000 to 24-11-2002, 29-7-99 to 28-7-2001, 14-10-1999 to 14-10-2001, 14-10-1999 to 14-10-2001, 4-1-2000 to 4-7-2001, 1-2-2001 to 31-8-2001, 24-4-2000 to 19-10-2001, 20-12-1999 to 19-6-2001 and 15-11-1999 to 14-11-2001 respectively. They also paid compensation to the pattadars from whose lands the approach roads were laid. Their common grievance is that their vehicles carrying the sand were intercepted by the revenue authorities without assigning any reasons and notice even though their period of lease still exists.
( 7 ) IN W. P. No. 5405, the petitioner who is an agricultural was having an extent of Ac. 16. 00 of dry land near Kanchanpally, Nalgonda district and his only source of livelihood is agriculture. He contends that by reason of quarrying of sand in the nearby Bikkeru vagu, his bore-wells are drying up. It has been contended that the Collector had issued a Memo dated 21-4-1999 pursuant to whereof some areas in certain mandals have been classified as dark categories as thereby the ground water level has gone down to such an extent that no water is available for dri
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