IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. Shravan Kumar, J
Sirassu Venkanna – Appellant
Versus
The State of Telangana – Respondent
WRIT PETITION No.2297 of 2021
| Table of Content |
|---|
| 1. challenge to sand mining permissions in over-exploited zones based on environmental rules. (Para 1 , 2 , 3) |
| 2. effect of the expiration of temporary administrative permissions. (Para 4) |
| 3. disposal of petition due to expiration of the impugned order with cautionary directions. (Para 5 , 6) |
ORDER
Heard learned counsel for the petitioners and Sri.K.Shantan Rao, learned Assistant Government Pleader for Mines appearing for respondent Nos.4 and 9. With their consent, the writ petition is being taken up for disposal.
2. This writ petition has been filed seeking the following prayer:-
“to declare the action of the Respondent authorities particularly 4th respondent in issuing impugned Proceedings No.F1/4417/2018 dated 24.12.2020 as illegal, arbitrary, against the principles of natural justice and in contrary to the Telangana State Sand Mining Rules, 2015 (Amendment to Telangana State Sand Mining Rules, 2015 -G.O.Ms.No.15 dated 19.02.2015 and sand policy of the Government of Telangana And Mines and Minerals (Development and Regulation) Act, 1957 and WALTA Act 2002 and Rules 2004 Consequently direct the respondent authorities to initiate action against the illegal sand mining under the guise of impugned proceedings F1/4417/2018 dated 24.12.2020 and stop the illegal mining activities by considering the petitioners representations dated 06.01.2021 and 07.01.2021.”
3. Brief facts stated in this writ petition are that petitioners are farmers and claims to be the owners and possessors of agricultural land admeasuring to an extent of Ac.03-18 gts in Sy.Nos.857 and 858, Ac.2-32 gts in Sy Nos.922 and 923 andAc.0-17 gts in Sy.No.914, Vardhamankota Village, Nagaram Mandal, Suryapet District. It is further submitted that the petitioners’ lands are adjacent to Bikkeru river, Sub-river of Moosi river. The subject village comes under the jurisdiction of Nagaram Mandal, Suryapet District and the same comes under over exploited zone. The case of the petitioners is that the inspite of the fact that Bikkeru canal comes under exploited zone, the respondent authorities vide impugned proceeding bearing No.F1/4417/2018 dated 24.12.2020, granted permission for extracting sand form the subject area. Hence, the petitioners on 06.01.2021 and 07.01.2021 made representations and requested respondent Nos.4 and 9 to cancel the illegal sand mining quarry in Bikkeru canal, however, the same is still pending for consideration. Aggrieved by the same, this writ petition is filed.
4. Learned Assistant Government Pleader for Mines appearing for respondent Nos.4 and 9 submits that the permission for extraction and transportation of sand in proceeding bearing No.F1/4417/2018 dated 24.12.2020 was granted for a period of one month only and the same has been expired now and no further sand mining activities has been conducted in Bikkeru canal.
5. Recording the submission made by learned counsel appearing on either side, without expressing any opinion on the merits of the case and since the permission for sand extraction and transportation granted vide proceeding No.F1/4417/2018 dated 24.12.2020 is expired, this Court deems it appropriate to dispose of the writ petition directing the respondent authorities to be conscious before giving any permission for sand excavation and transportation in the subject area.
6. Accordingly this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.
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