Telangana High Court
WP/25953/2006 of Tallapragada Muralidhar, Vs The District Collector(PANDR), Krishna, on 27 December 2006
SRI JUSTICE P.S.NARAYANA WRIT PETITION No.25953 of 2006 Date: 27-12-2006 Between: Tallapragada Muralidhar, S/o Balarama Rao, aged 43 years, Occ: cultivation, r/o Chinnampeta village, Chatrai Mandal, Krishna District. … Petitioner. And 1. The District Collector (P & R),
THE HON’BLE SRI JUSTICE P.S.NARAYANA
WRIT PETITION No.25953 of 2006
Date: 27-12-2006
Between:Tallapragada Muralidhar,S/o Balarama Rao, aged 43 years,Occ: cultivation, r/o Chinnampeta village,Chatrai Mandal, Krishna District.
… Petitioner.
And
1. The District Collector (P & R), Krishna, Machilipatnam and 2 others.
… Respondents.
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ORDER:
Learned Assistant Government Pleader for Panchayat Rajhad taken notice on 13.12.2006 and requested time to getinstructions and subsequent thereto the matter was adjourned on acouple of occasions.
2. Certain instructions obtained by the learned AssistantGovernment Pleader for Panchayat Raj are placed before thisCourt.
3. The writ petition is filed for a writ of Mandamus declaringaction of the respondents in not responding to the petitioner’srepresentation dated 20.10.2006 and not taking any action toprevent illegal quarrying and transporting of sand from theThammileru River from Chinnampeta and Cheepurugudem Reaches, as arbitrary and illegal; and consequently direct therespondents to take immediate action to prevent illegal quarryingand transporting of sand from the Thammileru River fromChinnampeta and Cheepurugudem Reaches and pass such othersuitable orders.
4. Several factual details are narrated and it is stated that therespondents are not responding to the representation of thepetitioner dated 20.10.2006. The following written instructionssigned by the District Panchayat Officer, Krishna, Machilipatnamare placed before this Court.
“ It is submitted that the Panchayat Secretary ofChinnampeta and Cheepurugudem Gram Panchayats inChatrai Mandal was instructed to take necessary actionto prevent the illicit sand quarrying and illegal transport ofsand from the sand reach and the Mandal RevenueOfficer and the Mandal Parishad Development Officer,Chatrai were also requested to take preventive measuresfor the prevention of illegal sand quarrying from the sandreaches.
The Deputy Director, Ground Water, Vijayawadawas requested in this office Lr.Dt:19.08.2006 to furnish areport whether the sand reaches are feasible for theleasing. The Deputy Director, Ground Water has statedin his report dt:04.11.06 that the sand reaches inquestion are not feasible for public auction.
Therefore the Mandal Revenue Officer, and theMandal Parishad Development Officer, Chatrai wererequested to arrange barricades for the sand reach in theMandal to prevent illegal quarrying. T h e MandalRevenue Officer and the Mandal Parishad DevelopmentOfficer were also requested to check the sand quarrying vehicles and to collect Rs.10,000/- for each lorry andRs.5000/- for each tractor, if the sand is illegally quarriedfrom the sand reaches.
The reports of the Mandal Revenue Officer and theMandal Parishad Development Officer are awaited onthe action taken by them and the amounts collected bythem towards fine.”
It is stated by the learned Assistant Government Pleader thatappropriate steps are being taken to prevent the illegal quarryingand transporting of sand from the Thammileru River fromChinnampeta and Cheepurugudem Reaches.
5. In view of the same, the writ petition is disposed of directingthe respondents 1 to 3 to look into the grievance of the petitionerand take appropriate further action in accordance with law.
6. The writ petition is disposed of with the above directions. Noorder as to costs.
Date: December 27, 2006.
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P.S.NARAYANA, J.
BSB