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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
U. DURGA PRASAD RAO, J.
Sri Vijaya Durga Primary Sand Quarry Boatsmen and Field Labour Fishermen Cooperative Society Limited – Appellant
Versus
State of Andhra Pradesh – Respondent
Writ Petition No.21884 of 2021
Decided on : 07-03-2022
A.P. Cooperative Societies Act, 1964 - A.P. Mines and Minerals Concession Rules, 1966 - Daily wage labourers - Skilled workers in sand transportation - Recommendations of 5th respondent M.R.I. and V.R.O. of Village certified that petitioner Society was registered on members of society are doing excavation of sand and doing coolie work to eke out their livelihood - Thereafter petitioner society was granted No Objection in Villages for production loading and dispatch of sand at site - Thereafter petitioner Society made a representation to 4th respondent on requesting to recommend for permission to carry out sand quarrying operations in above said two sand reaches - Respondent who is sub-lessee of 6th respondent also addressed a letter to 3rd respondent expressing No Objection for petitioner Society to conduct production loading and dispatch of sand in Villages - Petitioner Society is entitled to carry out sand quarrying operations in above villages.
Finding of the Court:
8th respondent petitioner cannot claim any exclusive right or privilege in respect of sand reach over 8th respondent in view of fact that 7th respondent has issued letter of no objection in favor of both societies - Though it is argued on behalf of petitioner that it is earliest society and that when once a particular society is registered and within its jurisdictional operation certain reaches are provided no other society should be registered in respect of same jurisdictional reaches no such statutory provisions are placed before this Court to buttress its argument - On other hand a perusal of order shows that a similar society by name Mahatma Gandhi Field Labor Cooperative Society Limited was registered - Said society filed W.P. questioning allocation of rights in similar and said W.P. was dismissed noting that due to change in sand policy - In that view petitioner society cannot claim any exclusive privilege over a particular reach.
Result: Writ Petition is dismissed
ORDER :
The petitioner Cooperative Society prays for a writ of mandamus declaring the certificate No.660/2021/SA dated 09.09.2021 issued by 3rd respondent in favour of 8th respondent allotting work in Sand reaches of Abbirajupalem Village, Elamanchili Mandal, West Godavari District while the letter dated 27.08.2021 of the 7th respondent is in force, is bad, arbitrary and contrary to the provisions of the A.P. Mines and Minerals Concession Rules, 1966 (for short, ‘the APMMC Rules’) and for such other orders.
2. The petitioner’s case is thus:
(b) The State Government upgraded the existing sand mining policy and made amendments to APMMC Rules, 1966. Pursuant to the same, the 6th respondent is appointed to carry out the sand related activities as a new agency. In that view, the 2nd respondent ceased to be the agent and has any role in sand quarrying operations.
(c) While so, the 3rd respondent addressed letter in Rc.No.417/2021/A dated 09.07.2021 to the 5th respondent herein and on the recommendations of 5th respondent the M.R.I. and V.R.O. of Abbirajupalem Village certified that petitioner Society was registered on 01.03.1999 and the members of the society are doing excavation of the sand and doing coolie work to eke out their livelihood. Thereafter, the petitioner society was granted No Objection in Abbirajupalem and Gangadupalem Villages for production, loading and dispatch of sand at site. Thereafter, the petitioner Society made a representation to the 4th respondent on 23.08.2021 requesting to recommend for permission to carry out sand quarrying operations in the above said two sand reaches. The 7th respondent who is the sub-lessee of 6th respondent also addressed a letter dated 27.08.2021 to 3rd respondent expressing No Objection for the petitioner Society to conduct production, loading and dispatch of sand in Abbirajupalem and Gangadupalem Villages. Thus, the petitioner Society is entitled to carry out sand quarrying operations in the above villages.
(d) While so, the 3rd respondent issued a certificate vide letter dated 09.09.2021 to the effect that the 8th respondent is a society with 200 members who are daily wage labourers and they are skilled workers in the sand transportation in the area and hence, there was no objection to allot labour work in sand reaches. The petitioner Society came to know that the Deputy Registrar of Cooperative Societies, Bhimavaram issued certificate of registration dated 07.06.2019 stating that Gangaputrulu Sand and Boatsmen Labour Contract Co-operative Society Limited i.e., 8th respondent is a registered labour contract cooperative society under Section 6 of the A.P. Cooperative Societies Act, 1964. It is relevant to state that when once a society is in existence, no second society is to be registered under the A.P. Cooperative Societies Act as two societies shall not co-exist for the same purpose in the same area of operation. While the petitioner society has been in existence since 1999, the 8th respondent Society cannot operate. The Deputy Registrar of Cooperative Societies, Bhimavaram has no power to register the said society for Abhirajupapelm Village where the petitioner Society is in existence. Now the 8th respondent is seeking an order from 6th respondent through 7th respondent to carry out sand quarrying operations in Abbirajupalem Village Sand Reach. The 8th respondent is causing hindrance to the members of the petitioner Society in Abbirajupalem Village from conducting sand quarrying operations. Thereby the petitioner society members are facing lot of problems. Aggrieved by their action, the pe
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