S.SHANTHA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) AS these Writ Petitions involve common issues, they are heard and being disposed of together. The petitioners are agriculturists of different villages and different Mandals in Mahabubnagar District. They have approached the District Water Management Agency, Mahabubnagar (DWMA) for grant of permission for decasting of sand due to floods to various streams by the side of which their lands are purportedly located. After receiving the proposals/reports from the Tahsildars of the respective Mandals, the DWMA issued permissions to the petitioners for decasting of sand upto a specified depth for excavating specified quantities in respect of each of the petitioners. The petitioners pleaded that in pursuance of the said permission, they started decasting of sand strictly as per the conditions stipulated in the orders granting permission and after obtaining the Mineral Dealer Licences from the Deputy Director of Mines and Geology, Hyderabad Region.

(2.) WHILE the matters stood thus, the DWMA issued the impugned proceedings staying decasting operations in private lands till a thorough verification into the allegations of large scale misuse of the decasting permissions is done. It is stated in the said proceeding that through G.O.Ms.No.154, Industries & Commerce (Mines.1) Department, dated 15 -11 -2012, the Government has issued guidelines on new Sand Policy, 2012; that as per the new guidelines, decasting of sand from patta lands abutting river beds is permitted; that based on the guidelines issued in the said G.O., operational guidelines were issued by the DWMA for decasting of sand in patta lands in the District and communicated to all the Tahsildars, Revenue Divisional officers etc., and that in pursuance of the proposals received from various Tahsildars and Agricultural Officers, decasting of sand in patta lands has been approved and permissions granted. It is further stated that in view of the serious allegations of large scale misuse of decasting permits and adverse news items, a thorough verification is envisaged and till such verification is completed, the excavation of sand in private lands has been stopped. These proceedings are questioned in these Writ Petitions.

(3.) AND 5 of Muthyalampally village, Devarakonda Mandal, Mahabubnagar District. Respondent Nos.4 and 6 were directed to accompany the learned District Judge to render all the necessary assistance to him. 4. After calling for report from the learned District Judge, Mahabubnagar, in W.P.No.24881/2013, W.P.Nos.24893, 24928 and 25213 of 2013 came to be filed by the persons who are similarly situated to the petitioners in W.P.No.24881/2013 questioning the common order dated 7 -6 -2013 passed by the District Collector, Mahabubnagar, who is also the Chairman of the DWMA. The learned Judge, before whom the three Writ Petitions were posted, directed the said Writ Petitions to be posted along with W.P.No.24881/2013. The said Writ Petitions were accordingly posted before this Court on the direction of the Honourable the Chief Justice.