M VEERA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a Writ of Mandamus sought for declaring the action of the 3rd respondent issued proceedings vide Procs.No.543/Sand/ 2019, dated 04.07.2020 excavating of the sand in patta land to an extent of Ac.1.44 cents in Sy.No. 46, Pidathalapudi Village, Chimakurthy Mandal, Prakasam District is contrary to G.O.Ms.No.70 and 86 by the Andhra Pradesh Minor Mineral Concession Rules 1966 as arbitrary, illegal and violative of Article 19, 21 and 300-A of the Constitution of India.

(2.) The petitioners grievance are that due to proceedings referred above, the sand is being transported to the agricultural fields by the petitioners situated in Sy.Nos. 4/3, 48/1, 226, 113, 57/4, 46, 47, 224/18, 224/4, 167, 53/2, 105/4, 224/56, 222/4, 202/1, 118/1, 154/2A, 224/5A, 47/1, 49/1A is contrary to G.O.Ms.No. 70 and 86 by the Andhra Pradesh Minor Mineral Concession Rules 1966.

(3.) The contention of the petitioners are that the respondents without following procedure as prescribed under G.O.Ms.No. 70 and 86 by the Andhra Pradesh Minor Mineral Concession Rules 1966 are extracting sand by engaging J.C.B. The sand excavation shall be as per Rules 23(1)(a) of Water Land and Tree Rules, 2004 or any subsequent rules/ amendments to be issued by Government from time to time. The reliance also was placed in G.O.Ms.No.71 dt. 04.09.2019, which is amendment to the Andhra Pradesh Minor Mineral Concession Rules, 1996 as per Rule 1(a) (i) Sand extraction shall be permitted in notified over exploited areas except for local use in villages or towns bordering the Streams for bonafide purpose, (ii) The sand extraction shall be as per Rules 23(1)(a) of Water Land and Tree Rules, 2004.