K. CHANDRASEKHAR RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Writ Petition is filed to declare the action of the official respondents in not stopping the illegal sand mining in Ayyavaripally Village, Midjil Mandal, Mahabubnagar District, by 6th respondent and also declare the proceedings of the District Collector vide No.4515/ Sand, 2009 dtd. 9/4/2022 and the consequential Letter of Intent (LOI) TSMDC/GM(S&M)/SAND/exc/Ayyavaripally/2022/67, dtd. 19/4/2022 and further consequential agreement entered by 2nd respondent in favour of 6th respondent dtd. 30/4/2022, without issuing any Tender Notification with reference to Ayyavaripally Village area of Midjil Mandal, Mahabubnagar District, as illegal and contrary to the Telangana State Sand Mining Rules, 2015 ( for short, 'the Rules') and detrimental to the rights of the petitioner to do the agricultural operations, and set aside the said orders dtd. 9/4/2022, LOI and agreement and issue consequential direction to the respondents not to allow any sand mining by 6th respondent or any other person at Ayyavaripalli Village reach (Dundubhi Vagu) of Midjil Mandal, Mahabubnagar District.

(2.) Heard Sri Rohan Aloor, learned counsel, representing Sri Palle Srinivasa Reddy, learned counsel for the petitioner and learned Govt. Pleader for Mines and Geology, appearing for respondent Nos.1 to 5 and Sri Y.Balaji, learned counsel for the 6th respondent. Perused the record.

(3.) The petitioner is a resident of Ayyavaripalli Village, Midjil Mandal, Mahabubnagar District, and he is an agriculturist. 2nd respondent had issued tender notification dtd. 6/3/2021 calling tenders from tenderers for excavation and transportation including loading and unloading of sand to the stockyards from Allipur/ Kurumurthy Villages, Chinna Chinthakunta Mandal. In the said tenders, 6th respondent stood as highest bidder. Therefore, both 2nd and 6th respondents have entered into contract on 20/4/2021 on the specific terms and conditions mentioned therein for a period of one year w.e.f. 20/4/2021 to 19/4/2022.