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2022 Supreme(Telangana) 254

G.RADHA RANI
Bolusani Gowri Shankar S/o. Satyanarayana – Appellant
Versus
State of Telangana, Rep. by Principal Secretary Industries and Commerce Department, Secretariat, Hyderabad, Telangana – Respondent


Advocates Appeared:
For the Petitioners: Sri Ramesh Vishwanathula
For the Respondents: Government Pleader for Mines & Geology Government Pleader for Forests.

ORDER :

1. This petition is filed to issue a writ of Mandamus declaring the action of the 5th respondent in issuing notices dated 18.12.2021 and 01.01.2022 directing to stop de-casting of sand from the patta lands of the petitioners, as arbitrary, illegal and violative of Article 21 of the Constitution and to set aside the same with a consequential direction to the 5th respondent not to interfere.

2. Heard the learned counsel for the petitioners, the learned Government Pleader for Mines and Geology representing the respondent Nos.1 to 4 and the learned Government Pleader for Forests representing respondents No.5 to 7.

3. The learned counsel for the petitioners submitted that the petitioners were the owners and possessors of marginal extent of patta lands in Eturunagaram village. The said lands were near Jampanna Vagu river coast. Due to flash floods in the rainy season, the said lands were casted with sand and the thickness of the sand deposited was about three meters in the area. Since the Telangana State Mining Rules, particularly, Rule-7 provided for de-casting of mines from patta lands, the petitioners made independent applications dated 08.06.2020 before the Assistant Director

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