Telangana High Court

WP/46600/2022 of D. Narayana Rao Vs The State of Telangana on 30 December 2022

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Rao, S/o. D. Hanumantha Rao, aged 50 Years, Fl/o. Flat No 404, Feel well towers, Khaleelwadi, Nizamabad, Nizamabad District. ..PETITIONER AND 1- The State of Telangana, Rep. by its Principal Secretary, Mines, Secretariat, Hyderabad. 2. The District Collector, Nizamabad, Nizamabad District. 3.

HIGH COURT FOR THE STATE OF TELANGANA: AT [HYDERABAD](Special Original Jurisdiction)

FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO

PRESENT

THE HONOURABLE SRI JUSTICE K. SARATH

WRIT PETITION NO: 46600 OF 2022

Between:

D. Narayana Rao, S/o. D. Hanumantha Rao, aged 50 Years, Fl/o. Flat [No]404, Feel well towers, Khaleelwadi, Nizamabad, Nizamabad District.

..PETITIONER

AND

1- The State of Telangana, Rep. by its Principal Secretary, Mines, Secretariat,Hyderabad.Hyderabad.

2. The District Collector, Nizamabad, Nizamabad District.

3. Deputy Director, Mines and Geology, State of Telangana, Nizamabad.

4. Asst Director, N/ines and Geology Nizamabad, Nizamabad District.

5. Tahsildar, Nizamabad Rural Mandal Nizamabad.

...RESPONDENTS

Petition under Article 226 of lhe Constitution of lndia [praying ]that [in ]thecircumstances stated in the affidavit filed therewith, the High Court [may ][be]pleased to issue an appropriate Writ, order or directlon more particularly one inthe nature of Writ of Mandamus declaring the action of the respondents in notfinalizing the grant of temporary permit for excavation of [gravel ]in an extent ofAcers 3.00 in Sy. No. 8301217 of Sirpur Village, Mugpal Mandal, NizamabadDistrict as null, void, illegal, arbitrary and consequently direct the respondents [to]issue temporary permit for excavation and transportation of [gravel ]to [the]petitioner in his patta land in Sy.No. 8301217 of Sirpur Village, Mugpal Mandal,Nizamabad District.

):

lA NO: 1 OF 2022

Petition under section 151 cPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleased todirect the respondents to dispose the application dated [.13.06.2022 ]of thepetition,-.r for lemporary permit for gravel in patta land in Sy.No. g3Ol217 of SirpurVillage, Mugpal Mandal, Nizamabad District forthwith, pending disposal of iheWrit Pelition.Village, Mugpal Mandal, Nizamabad District forthwith, pending disposal of iheWrit Pelition.

Counsel for the Petitioner: SRt K. DURGA PRASAD

Counsel for Respondent Nos.'1,3 & 4: GP FOR MINES & cEOLOGY

Counsel for Respondent Nos.2 & 5: GP FOR REVENUE

The Cou,rt made the following: ORDER

THE HON'BLE SRI JUSTICE K.SARATH

WRIT PETITION No.466OO OF 2o22

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ORDER:

This Writ petition is filed with the following relief:

"....lo issue an order, direction, utrit, order ordirectiott, more particularly on in the nahtre of WitMandamus declaing action of the respondents in notfinalizing [the ][gront ][of ][temporary ][permit ]forexcauation of grauel in an extent of Ac.3.O0 inSy.1[o.830 of 2O17 of Sirpur Village, Mugpal Mandal,Nizamabad Distict as null and uoid, illegal,arbitrary and consequentlg direct tLrc respondents toissue temporary pennit fo, excauation andtranspoftation oration of grauel to the land of tlLe"petitioner . . . . . .

2. Heard Sri K.Durga Prasad, learned Counsel forthe petitioner and learned Government Pleader forMining and Geolo$/, appearing for respondent No.1, 3and 4and the Government Pleader for Revenue,appea,ring for the respondent Nos.2 and 5. With theconsent of both parties, the Writ Petition is disposed ofat the stage of admission itself./

3. The learned Counsel for the petitioner submitsthat the petitioner is the owner and pattadar ofzrgricultural land to an extent of Ac.3.O0 Guntas inSy.No.83O/2017 situated at Sirpur Vi1lage, MugpalMandal, Nizamabad District and he was a-1so issuedwith Digitalized Pattadar Pass book in respect of thesaid land. As there is huge quantity of gravel in theland, in order to develop the subject land, thepetitioner made an application to the 4th resp,ondent on13.06.2022 requesting to grant temporary permit forexploration and transportation of gravei from thesubject land, for a period of sixty days. Basing on theletter submitted by the petitioner, the 4th respondentaddressed a letter to the Sth respondent on 15.06.2022and directed to send a report and No-ObjectionCertificate along with geo-coordinates andrecommendations over the subject area for grant oftemporary permit. However, even after lapse of six\moqfhs, the respondents-ar-rthorities did not grant \

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temporary permit as sought for by him, and requestedto allow the writ petition.to allow the writ petition.

4. The learned Assistant Government pleaders appearing for respondents submit that the authoritieswill dispose of the application filed by the petitioner indue course.will dispose of the application filed by the petitioner indue course.

5. In view of the submissions made by both the sides, this writ petition is disposed of directing therespondent-authorities to dispose of the representationfiled by the petitioner on 13.06.2022 wtthin two (2)weeks from the date of receipt of copy of this order.

6. Pending miscellaneous petitions, if any, shallstand closed. There shall be no order as to costs.

Sd/. MOHD.SANAULLAH ANSARI IASS|STANT REGTSTRAR //rRUE ICOpy// g///rRUE ICOpy// g/

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To,

sEcTloN oFFtcER

2. 1. The The District Principal Secretary,. Mines, Secretanat, State of Telangana, Hvderabad.

District Principal coilector, Nirrrio"o, Nirirl'oJo't]strtct Nirirl'oJo't]strtct4. 3. The Asst Director. lrlines The Deputy Direcror. Mines and lla <i;r.,i'v, stli#r and lla <i;r.,i'v, stli#r Tetangana, Nizamabad.

Tetangana, Nizamabad.The Asst Director. lrlines The Deputy Direcror. Mines and lla <i;r.,i'v, stli#r and lla <i;r.,i'v, stli#r 5. The The Tahsitdar, cg9t9g/"Niil";i.;"or"o, t tizrrroad District.

cg9t9g/"Niil";i.;"or"o, 5. The The Tahsitdar, Nizamabad Rrrrt Mr7,'d;i,TiiZ#uO.A.Rrrrt Mr7,'d;i,TiiZ#uO.A.Mr7,'d;i,TiiZ#uO.A.

Nizamabad Rrrrt Mr7,'d;i,TiiZ#uO.A.Rrrrt Mr7,'d;i,TiiZ#uO.A.Mr7,'d;i,TiiZ#uO.A.6. one CC to SRt K DURGA eRASAD A;;;.1t""'fo'puct to SRt K DURGA eRASAD A;;;.1t""'fo'puctSRt K DURGA eRASAD A;;;.1t""'fo'puctDURGA eRASAD A;;;.1t""'fo'puctA;;;.1t""'fo'puct7. Iqo CCs to the Gp for rVines & b";i,j;y, ii;; Eourt ror the State ofTelangana. [OUT]

for Revenue, Hish court for the state of reransana [oUr]

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HIGH COURT

DAI-ED:301,,1212022

CC TODAY

ORDERWP.No.46600 of 2022

STAt-€(il}or 2 [jrtl ][?s8]\ [c-,] i- [t; ,//]t:.t11.),y'.::.,'-::-:5; DISPOSING OF THE WRIT PETITIONWITHOUT COSTS

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