THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.21728 OF 2025 ORDER:-

1. This Writ Petition is filed seeking an order in the nature of Writ of Mandamus declaring the action of respondents in not permitting the vehicles of the petitioner in carrying sand from the State of Maharashtra into the State of Telangana, as illegal and arbitrary and consequently to restrain the respondents from interfering with the transportation of sand by the petitioner from the State of Maharashtra into the State of Telangana through Kaleswaram Village, Mahadevpur Mandal, Jayashankar Bhoopalapally District as well as from Yesgi of Nanded District entering at Saloora Integrated check post, Nizamabad District by providing access to online portal for payment of regulating charges @ Rs.200/- per cubic meter.

2. Heard Sri K.Durga Prasad, learned counsel for the petitioner as well as Sri Mummineni Srinivasa Rao, learned Standing Counsel for TSMDCL representing the respondents. Perused the record.

3. The case of the petitioner in brief is that the petitioner is a transport contractor and is supplying sand from Maharashtra and Chattisgarh to the State of Telangana under valid way bills obtained from the Government of Maharashtra. The petitioner is quarrying the same from licensed sand quarry at Arada Village of Sironcha Taluq, Gadchiroli District of Maharashtra State. The petitioner has already paid the entire seigniorage fees and GST to the State and Central Governments at Gadchiroli. It is further stated that there is no law made by the Government of Telangana imposing restrictions on movement of sand from one State to other State or into Telangana or any exclusive instruction on policy directives. It is further stated that this Court in W.P.Nos.11722 and 11744 of 2012 granted orders directing the authorities not to interfere with the transportation of sand from Maharashtra if they possess valid permits. In the present case, the respondents are interfering with the transportation of sand from the State of Maharashtra to the State of Telangana through Kaleswaram Village, Mahadevpur Mandal, Jayashankar Bhoopalapally District and are stopping the vehicles without issuing any written orders. Due to heavy rains in Telangana State, sand operations in Telangana were reduced drastically. Hence, the petitioner along with others approached the 1st respondent and requested him to permit the other state vehicle to transport the sand through Kaleshwaram and Eturunagaram, but the 1^st respondent did not respond to the same and is not providing access for online booking for other state vehicles. It is further stated that as per Government conditions, any other state vehicle coming into the State of Telangana carrying sand has to pay Rs.200/- per ton towards handling charges. When the petitioner is ready to pay the charges, the 1^st respondent has no power to stop the vehicles. But unfortunately, the 1^st respondent is not responding to facilitate online booking system for other state vehicles for the reasons best known to him. Since the online booking system is not provided to the petitioner, he is forced to approach this Hon’ble Court and to file the present Writ Petition.

4. Learned counsel for the petitioner submits that as per Article 304 of the Constitution of India, the State Legislature is entitled to make law imposing conditions on goods imported from other states by fixing tax to the goods manufactured or produced in that State subject to reasonable restrictions on the freedom of trade, commerce or intercourse in the public interest. There is no lawor any exclusive instruction or policy directives made by the Government of Telangana imposing restrictions on movement of sand from one State to other State or into the Telangana. If any such order is to be passed by the State Government it should take prior consent of the President of India. In the instant case, the respondents, without any consent, interfering with the petitioner in transportationof sand from