Telangana High Court

WP/25186/2004 of R.Karunakaran, Vs The Government of Andhra Pradesh, on 31 December 2004

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HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT HON'BLE SRI DEVINDER GUPTA, THE CHIEF JUSTICE and HON'BLE SRI JUSTICE M.NARAYANA REDDY WRIT PETITION No.25186 of 2004 Between: 1.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR

PRESENT

HON'BLE SRI DEVINDER GUPTA, THE CHIEF JUSTICE

and HON'BLE SRI JUSTICE M.NARAYANA REDDY

WRIT PETITION No.25186 of 2004

Between:

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1. R.Karunakaran,

S/o N.Ramanaiah, Aged 36 years,

Occ: Agriculture, R/o D.No.4-28, Hanumanthapuram village, Karani Post, Pitchatur Mandal, Chittoor district.

2. K.Nageswara Rao,

S/o K.R.Sundararama Setty,

Aged: 39 years, Occ: Agriculture,

R/o D.No.3-46,

Hanumanthapuram village,

Karani Post, Pitchatur Mandal,

Chittoor district.

1. The Government of Andhra Pradesh, rep. by its Secretary, Industries andCommerce (M) Dept., Secretariat, Hyderabad.Commerce (M) Dept., Secretariat, Hyderabad.

2. The District Collector, Chittoor, Chittoor district.

3. The Chairman, District Sand Committee and Chairperson, Zilla Parishad,Chittoor district.Chittoor district.

4. The District Panchayat Officer, Chittoor, Chittoor district.

5. The Revenue Divisional Officer, Tirupathi, Chittoor district.

6. The Mandal Revenue officer, Pitchatur Mandal, Chittoor district.

7. The Mandal Revenue Officer, Nagalapuram Mandal, Chittoor district.

8. Smt. Rani, W/o R.Vijayan,

R/o 169, Velannagar, Valasaravakkam,

Chennai – 600087.

.....RESPONDENTS

Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a writ, or order or direction more particularly one in the nature of Writ ofMandamus declaring the inaction of the respondents 1 to 7 in not taking action onthe 8[th] respondent though she is laying a pucca road across the Araniyar River fortransport of sand violating the conditions stipulated in the proceedingsD.Dis.No.4624/2001B1(Pts) dated 24.7.2002 of the third respondent andconsequential order of the fourth respondent dated 24.11.2003 as illegal, arbitraryand violative of Articles 14 and 21 of the Constitution of India besides violative of theA.P. Minor Minerals Concession Rules, 1966 and consequently direct therespondents 1 to 7 to cancel the permission granted to 8[th] respondent for lifting thesand from the land in Sy.No.162/2 in 12.98 acres in Karani Gram Panchayat ofNagalapuram Mandal, Chittoor District.

Counsel for the Petitioner :Mr.V.AJAYAKUMAR

Counsel for the Respondents : G.P. FOR PANCHAYAT RAJ

The Court made the following :

W.P.No.25186 of 2004

HCJ, & MNR,J

ORDER: (Per Hon’ble the Chief Justice)

In this petition filed as public interest litigation, it is stated that the request of 8[th]respondent for formation of new road in Government poramboke land fortransportation of sand from patta land was rejected on 24[th] November, 2003.Respondent No.3 was informed by the District Panchayat Officer, Chittoor, that 8[th] respondent was using only authorised ways for the purpose of transportation ofsand and was not forming new road for transportation of sand as per the conditionsof contract. Further grievance is that some illicit transportation of sand is continuingat the behest of 8[th] respondent and on 10[th] February, 2004, the Mandal RevenueOfficer, Pitchatur Mandal, Chittoor district, had written to the Sub-Inspector of Police,Pitchatur, for giving necessary police protection to the villagers. Thereafter, thevillagers on 25[th] November, 2004 brought to the notice of respondents 1 to 7 of theviolation being committed by 8[th] respondent of laying road through the river, thereby adversely affecting thevillagers’ rights and no action is being taken by respondents 1 to 7.

Considering the averments made in the petition,

we dispose of the writ petition with direction to respondents 1 to 7 to treat this writpetition as representation and take appropriate decision thereupon, within a periodof four weeks from the date of receipt of order from the Court and in case 8[th]respondent is indulging in unlawful activities, they will initiate appropriateproceedings against her in accordance with law.

________________________

DEVINDER GUPTA, C.J.

________________________

M.NARAYANA REDDY,J

31-12-2004

bsc

To

1. The Secretary, Government of Andhra Pradesh, Industries and Commerce(M) Dept., Secretariat, Hyderabad.(M) Dept., Secretariat, Hyderabad.

2. The District Collector, Chittoor, Chittoor district.

3. The Chairman, District Sand Committee and Chairperson, Zilla Parishad,Chittoor district.Chittoor district.

4. The District Panchayat Officer, Chittoor, Chittoor district.

5. The Revenue Divisional Officer, Tirupathi, Chittoor district.

6. The Mandal Revenue officer, Pitchatur Mandal, Chittoor district.

7. The Mandal Revenue Officer, Nagalapuram Mandal, Chittoor district.

8. Two CCs to the G.P. for Panchayat Raj, High Court Buildings, Hyderabad(OUT).(OUT).

9. Two CD copies.

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