CHIGULLA GANGA RAJU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this writ petition, petitioner is seeking a writ of mandamus directing the respondents No.2 and 3 not to accord permission to respondent No.4 for extraction and transportation of sand for further period without re-ordering, proper inspection, verification and physical examine of Bikkeruvagu, at Laxmidevikalva Village, Addagudur Mandal, Yadadri-Bhuvanagiri District and consequently to direct the respondent No.2 to consider the representation of the petitioners dtd. 30/1/2023 and restrain the respondent No.6 from extraction and transportation of sand from Bikkeruvagu at Laxmidevikalva, Addagudur Mandal and to pass such other order or orders.

(2.) The petitioners are the villagers of Laxmidevikalva, Addagurdur Mandal, Yadadri-Bhuvanagiri District and they are the absolute owners and possessors of the lands in the said village i.e., in Survey No.289/D, admeasuring Ac.1.3300 gts,, Survey No.88/9, admeasuring Ac.1.0700 gts, Survey No.90/E, admeasuring Ac.1.2000 gts, Survey No.287/A/2, admeasuring Ac.0.2300 gts, Survey No.287/A/1/2, admeasuring Ac.0.2000 gts, Survey No.273/E, admeasuring Ac.1.0500 gts, total admeasuring 6 Acres 2800 guntas of Petitioner No.1 and also total admeasuring 15 Acres of land of Petitioner No.2. It is submitted that the respondent No.2 vide proceeding No. E2/2764/2020, dtd. 10/8/2022 has accorded permission for extraction of sand in Bikkeruvagu. It is submitted that in spite of lapse of permission period and also after extraction of sand for the said quantity of 20,000Cum, the respondents are further extracting and transporting sand, which would adversely affect the existence of Bikkeruvagu itself. It is submitted that the petitioners, along with other villagers have submitted a representation dtd. 30/1/2023 to the respondents however, no action has been taken thereon and therefore, the present writ petition has been filed.

(3.) Learned Government Pleader for Mines and Geology, has obtained written instructions according to which, the District Administration vide proceedings No.E2/2754/2020, dtd. 13/6/2022 has given permission for extraction and transportation of sand to a quantity of 20,000Cum from the Bikkeruvagu for a period of one and half month only or completion of the quantity, whichever is earlier for exclusive work of Baswapur Reservoir in Yadadri-Bhuvanagiri District. It is submitted that the Executive Engineer, Industries and Command Area Development vide letter dtd. 5/12/2022 informed that the Government of Telangana have accorded administrative approval for the work of "Kaleshwaram Project" for formation of Baswapur Reservoir and execution of high level main canal including distry system, CM & CD works of 23000.00 Acs of sand for which about 1,00,000Cum is required and requested to supply sand from the limits of Bikkeruvagu in Laxmidevikalva, Addaguduru Mandal, Yadadri-Bhuvanagiri District. It is submitted that due to heavy rains and Court cases only 736Cum of sand was lifted and transported to Baswapur Reservoir stock yard and for the balance quantity of 19,264Cum permission dtd. 17/12/2022 has been given for extraction and transportation of sand within a period of one and half month only or completion of the quantity whichever is earlier. He therefore, submitted that the period of extraction and transportation of sand in the subject area has expired and that at present, there is no transportation of sand in the said area.