Telangana High Court
WP/25268/2004 of Gutta Venkateswara Rao, Vs The District Level Committee, on 31 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA * * * WRIT PETITION NO : 25268 of 2004 Between: Gutta Venkateswara Rao, S/o. Krishna Murthy, R/o. Krishna
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANA
* * *
WRIT PETITION NO : 25268 of 2004
Between:
Gutta Venkateswara Rao, S/o. Krishna Murthy, R/o. Krishna District.
A N D
..... PETITIONER
1 The District Level Committee, rep. by its Chairman, Krishna District.
2 The District Collector, Krishna, Machilipatnam.
3 The District Panchayat Officer, Krishna District.
4 The Sub-Collector, Vijayawada, Krishna District.
5 The Mandal Revenue Officer, Jaggaipet Mandal, Krishna District.
6 The Circle Inspector, Jaggaiahpeta P.S., Krishna District.
7 The Station House Officer, Chillakallu, Krishna District.
..... RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased to Issue anorder or writ on in the nature of writ of mandamus declaring the action of the respondents ininterfering with the and quarrying operations in Vedadri reach, Jaggaiahptya Mandal,Krishna District by the petitioner manuallay and the trasportation of the sand by loadingsand from the boats to the vehicle by using manually operated crabnt by 3 HP Oil EnginePully with workers as arbitrary, illegal unjust and unconstitutional..
Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV.
The Court made the following :
THE HONOURABLE SRI JUSTICEN.V.RAMANA
WRIT PETITION NO.25268 OF 2004
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O R D E R:
Heard both sides and with their consent, the writ petition is disposed of at the stageof admission.
The facts in brief are that the petitioner is a lessee in respect of Vedadri Sand Reachof Jaggaiahpet Mandal and as per the lease agreement dated 28.8.2004 he isentitled to quarry the sand for a period of one year up to 8.9.2005. The petitionerstates that for lifting of sand by means of boats he has to go into the river 12 feetdepth and from the boats the sand is brought to the bank by using a country madecrane operated manually with the help of 12 persons. It is stated that the JointCollector in proceedings No.3909/2003, Pts-7, dated 16.9.2004 permitted thepetitioner to use the said manual crane for lifting of the sand.
While so, on the basis of a complaint, the Sub-Collector, Vijayawada and District Panchayat Officer, Krishna District, Mandal Revenue Officer, Jaggaiahpet inspectedthe quarry of the petitioner and submitted report to the District Collector, Krishna,who in turn passed orders dated 11.10.2004 prohibiting usage of Labour DisplacingMachinery, i.e., Diesel Power Cranes by the petitioner and directed for seizure of thesame.
It is further submitted that assailing the said prohibitory order of the District Collector,petitioner filed a Writ Petition No.19468 of 2004 wherein this Court by an order dated8.12.2004 directed the District Collector, Krishna to consider the explanation of thepetitioner dated 11.10.2004 and pass appropriate orders afresh in accordance withlaw. The grievance of the petitioner is in spite of the direction from this Court, theDistrict Collector has not passed any order considering his explanation and his sandquarry operations are stopped from 11.10.2004. Questioning the said inaction on thepart of the second respondent-District Collector, Krishna, the present writ petition isfiled.
Admittedly, this Court in W.P. No.19468 of 2004 by order dated 8.12.2004 directedthe second respondent-District Collector to consider the explanation dated11.10.2004 of the petitioner herein and pass appropriate orders afresh, within threedays from the date of receipt of a copy of the said order. Pursuant to the said order,the petitioner states that he had submitted another representation on 13.10.2004, butno orders on the explanation has been passed till date.
Inasmuch as there is already a direction by this Court in W.P. No.19468 of 2004,dated 8.12.2004, to consider and pass appropriate orders on the explanationsubmitted by the petitioner on 11.10.2004, and inasmuch as it is contended by thepetitioner that pursuant to the orders in the said writ petition, he had also submittedrepresentation to the respondents on 13.12.2004, I deem it appropriate to dispose ofthe writ petition directing the second respondent-District Collector, Krishna district toconsider and pass appropriate orders on the explanation dated 13.10.2004 and therepresentation dated 13.12.2004, keeping in view of the judgment of this Court inW.P.No.19468, dated 8.12.2004, expeditiously, preferably within a period of oneweek from today.
With the above directions, the writ petition is disposed of. No order as to costs.
31-12-2004. -------------------------mdaa N .V. RAMANA , J.
.
copy to:
1 The District Level Committee, rep. by its Chairman, Krishna District.
2 The District Collector, Krishna, Machilipatnam.
3 The District Panchayat Officer, Krishna District.
4 The Sub-Collector, Vijayawada, Krishna District.
5 The Mandal Revenue Officer, Jaggaipet Mandal, Krishna District.
6 The Circle Inspector, Jaggaiahpeta P.S., Krishna District.
7 The Station House Officer, Chillakallu, Krishna District.
8. Two C.Cs to G.P.for Panchayat Raj and Rural Development,High Court of A.P., High Court Buildings, Hyderabad (OUT).
9. Two C.D.copies.