✦ High Court of India · 01 Apr 2025

High Court · 2025

Case Details High Court of India · 01 Apr 2025
Court
High Court of India
Decided
01 Apr 2025
Bench
Not available
Length
2,608 words

15. Enagolla Srinvias, S/o.Rajamallu Aged about 35 years, occ.Agriculture, R/o.Thonda Village Tirumalagiri Mandal, Suryapet District '16. Muthayla Ganesh, S/o.Anjaiah Aged about 32 years, occ.Agriculture, Rl/o.Thonda Village Tirumalagiri Mandal, Suryapet District

17. Eranti Nagaraju, S/o.Biksham Aged about 35 years, occ.Agriculture, Ri/o.Thonda Village Tirumalagiri Mandal, Suryapet District lS.Yellamula Sommallu, S/o.Komuraiah Aged about 39 years, occ.Agriculture, Rl/o.Thonda Village Tirumalagiri Mandal, Suryapet District

19. Erranti Ramulamma, w/o.Venkaiah Aged about 55 years, occ.Agriculture, Rl/o.Thonda Village Tirumalagiri Mandal,Suryapet District

20. Erranti Yellaiah, S/o.Sonnaiah Aged about 54 years, occ.Agriculture, Fl/o.Thonda Village Tirumalagiri Mandal,Suryapet District 2l.Velpula Srinivas, S/o.Maisayya, Aged about 45 years, occ.Agriculture, Fl/o.Thonda Village, Tirumalagiri Mandal, Suryapet District

22. Godugu Yakaswamy, S/o.Somaiah Aged about 46 years, occ.Agriculture, Fl/o.Thonda Village, Tirumalagiri Mandal, Suryapet District

23. Muthala Venkanna, Sio.Chandraiah Aged about 50 years, occ.Agriculture, Fl/o.Thonda Village Tirumalagiri Mandal, Suryapet District

24. Godugu Srinu, S/o.Somaiah Aged about 35 years, occ.Agriculture, Fl/o.Thonda Village Tirumalagiri Mandal, Suryapet District

25. Neerati Praveen Kumar, S/o.Venkanna Aged about 38 years, occ.Agriculture, Fl/o.Thonda Village Tirumalagiri Mandal, Suryapet District

26. Muthyala Anjaiah, S/o.Somaiah Aged about 59 years, occ.Agriculture, Fl/o.Thonda Village Tirumalagiri Mandal, Suryapet District

27. M.Manjula, W/o.Lingesh, Aged about 42 years, occ.Agriculture, Fl/o.Thonda Village Tirumalagiri Mandal, Suryapet District

28. Godugu Somanarayana, S/o.Uppalaiah Aged about 38 years, occ.Agriculture, Fl/o.Thonda Village Tirumalagiri Mandal, Suryapet District

29. Muthayala Raju, S/o.Anjaiah Aged about 34 years, occ.Agriculture, R/o.Thonda Village Tirumalagiri Mandal, Suryapet District

30.Velpula Venkanna, S/o.Narsaiah Aged about 45 years, occ.Agriculture, R/o.Thonda Village Tirumalagiri Mandal, Surya pet District 31 . Yellamula Balaraju, Sio. Sommallu Aged about 50 years, occ.Agriculture, Rl/o.Thonda Village Tirumalagiri Mandal, Suryapet District

32.Velpula Mahender, Sio.Narsaiah Aged about 37 years, occ.Agriculture, Rl/o.Thonda Village Tirumalagiri Mandal, Suryapet Distaict

33. Odapalli Venkanna, S/o.Somaiah Aged about 55 years, occ.Agriculture, Fi,/o.Thond a Village Tirumalagiri Mandal, Suryapet District

34. Godugu Someshwar, S/o.Maisayya, Aged about 37 years, occ.Agriculture, Ryo.Thonda Village Tirumalagiri Mandal, Suryapet District

35. Chintakindi Somnarayana, Sio.Papaiah Aged about 60 years, occ.Agriculture, R/o.Thonda Village Tirumalagiri Mandal, Suryapet DistriLt.

36. lra{i Somaiah, Sio.Ramaiah Aged about 49 years, occ.Agriculture, Rlio.Thonda Village Tirumalgiri Mandal, Suryapet 37 fgrela Narsamma, w/o.Narsaiah Aged about 70 years, occ.Agriculture, Ri/o.Thonda Village Tirumalagiri Mandal, Suryapet Distiict. 3 3S.Porella Somaiah, S/o.Das Aged about 77 years, occ.Agriculture, R/o.Thonda Village Tirumalagiri Mandal, Suryapet District.

39.Yellamula Bhadramma, Wo.Ramulu Aged about 4Eyears, occ.Agriculture, Ri/o.Thonda Village Tirumalagiri Mandal, Suryapet District

40.Chennaboina Chandramma, W/o.Somaiah Aged about 67 years, occ.Agriculture, Rl/o.Thonda Village Tirumalagiri Mandal, Suryapet District. 41 .Velpula Venkanna, S/o.Narsaiah, Aged about 55 years, occ.Agriculture, Rl/o.Thonda Village Tirumalagiri Mandal, Suryapet District

42.Bandan Biksham, S/o.Narsaiah Aged about 60 years, occ.Agriculture, Fl/o.Thonda Village Tirumalagiri Mandal, Suryapet District.

43. Thotla Biksham, S/o.Gaftaiah Aged about 80 years, occ.Agriculture, Fi/o.Thonda Village .....PETITIONERS AND

1. The State of Telangana, Rep by its Secretary Mines and Geology Department, Secretariat Hyderabad.

2. The Director, Mines and Geology Department State of Telangana, Hyderabad.

3. The District Collector, Suryapet District at Suryapet. 4. The Assistant Director Mines and Geology, Suryapet District at Suryapet 5. The Revenue Divisional Officer, Suryapet, Suryapet District. 6. The Tahsildar, Tirumalagiri Mandal, Suryapet District. 7. M/s.Patel Granites, Rep by its Managing Partner, M.Satyanarayana F/o.Sy.No.98, Thonda Village, Tirumalagiri Mandal, Suryapet District. Permanent Residence of D.No.9-18, Satyanarayanapuram Village, Bayyaram Mandal, Mahabubad District. .....RESPONOENTS Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any order or direction writ or writs more particularly on in the nature of WRIT OF MANDAMUS declaring the action of the Respondents No.2 to 6 in permitting the Respondent NO.7 to undertake Excavalion of quarry in pursuance of the lease granted through proceedings NO.QL/SUR/L012600880 DT.17.05.2O23, for a period of 20 years commencing from 14.07.2023 to 13.07.2043 in SY.No.98 of Thonda Village, Tirumalagiri Mandal, Suryapet District, having allotting the land in the very same Sy.No.98 which is within 45 meters from the lease area lor use and occupation of Rythu Vedika, Play Ground, Segregation Shed, Dumping Yard, Weekly Market and Young lndia integrated Residential 4 School, by the Respondent no.4 and functioning the said institutions without taking safety measures to protect the persons who are visiting the offices which will cause harm to the Students and other public due to blasting for excavation of quarry is illegal, arbitrary and violation of principles of natural justice consequently to direct the Respondents NO.2 to 6 to cancel the Lease deed issued through proceed i n gs NO.QL/S U R/10 1 2600880 DT .1 7 .05.2023. |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents No.2 to 6 to stop the Respondent No.7 from executing excavation of Quarry in land in SY.No.98 of Thonda village, Tirumalagiri Mandal, Suryapet District, pending disposal of the above writ petition. Counsel for the Petitioners : SRI D.Y.L.N.CHARYULU Counsel for the Respondent Nos.1, 2 & 4 : AGP FOR MINES AND GEOLOGY Counsel for the Respondent Nos.3, 5 & 6 : G.P FOR REVENUE Counsel for the Respondent No.7 : - W.P.NO: 6777 OF 2025 Between: Nemarugommula Venkata Shathavahana Rao, S/o.Somasundar Rao, Aged 52 years Occ.Agriculture, Ex-Sarpanch, Fl/o.Thonda Village Tirumalagiri Mandal, Suryapet District. .....PETITIONER AND '1 . The State of Telangana, Rep by its Secretary Mines Department, Secretariat Hyderabad.

2. The Director, Mines and Geology Department State of Telangana, Hyderabad.

3. The District Collector, Suryapet District, at Suryapet. 4. The Assistant Director Mines and Geology, Suryapet District, at Suryapet. 5. The Revenue Divisional Officer, Suryapet, Suryapet District. 6. The Tahsildar, Tirumalagiri Mandal, Suryapet District. -, 7 M/s.Patel Granites, Rep by its Managing Partner, M.Satyanara_yana Ryo.Sy.No.98, Thonda Village, Tirumalagiri Mandal, Suryapet.Districl. Permanent Residence of D.No.9-1 B, Satyanarayanapuram Village, Bayyaram Mandal, Mahabubad District. .....RESPONDENTS Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any order or direction writ or writs mgre particularly on in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.2 to 6 in according permission by granting lease to carry business un6er the name and style of M/s.Patel Granites in SY.No.98 for a period of 20 years commencing from 14.07.2023 to 13.07.2043, through proceedings NO.QL/SUFyLO12600880 Df .17.05.2023, without considering the Representation dt.27.01 .2024 raising objection that nearby by the land Leased out to the Respondent NO.7 undertake to quarry there is Mysamma Temple, Rythu Vedika, Segregation shed, Dumping yard, playground and Young lndia lntegrated Residential School, which will cause harm to the Students and other public due to blasting is illegal, arbitrary and violation of principles of natural justice and consequently to direct the Respondents NO.2 to 6 to cancel the Lease deed issued through proceedings NO.QUSURyLOI 2600880 DT.',t7 .O5.2023. l.A.NO:l OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents NO.2 to 6 to stop the Respondent NO.7 from executing excavation of Quarry in land in SY.No.98 of Thonda village, Tirumalagiri Mandal, Suryapet District, pending disposal of the above writ petition. LA.NO:2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents NO.2 to 6 to stop the Respondent NO.7 from executing excavation of Quarry in land in SY.No.98 of Thonda village, Tirumalagiri Mandal, Suryapet District, pending disposal of the above writ petition. 6 Counsel for the Petitioner : SRI D.Y.L.N.CHARYULU Counsel for the Respondent Nos.l, 2 & 4 : AGP FOR MINES AND GEOLOGY Counsel for the Respondent Nos.3, 5 & 6 : G.P FOR REVENUE Gounsel for the Respondent No.7 : - SRI T.NANDA KISHORE The Court made the following COMMON ORDER r) TIIE HON'BLE SRI JUSTICE IC LAKSIIMAN WRIT PETITION Nos.9120 and 6777 of 2025 COMMON ORDER: Heard Sri D.Y.N.L.N. Chary:lu, leaped counsel for petitioners, learned Assistant Govemment Pleaders for Mines & Geology and Revenue appearing for respondent Nos.l, 2 & 4 and respondent Nos.3, 5 & 6, respectively, and learned counsel for 7th respondent.

2. Petitioner in Writ Petition No.67l7 of 2025 is an Ex-Sarpanch of Thonda Village, Tirumalagiri Mandal, Suryapet District, whereas, petitioners in Writ Petition No.9120 of 2025 are residents of aforesaid Village.

3. According to petitioners, 7'h respondent, M/s. Patel Granites, has been conducting quarrying operations without following due procedure laid down under law. Therefore, they have submitted representations dated 27.01.2024 to 3'd and 4ft respondents with a request to take action against 7'h respondent. They have also marked copies of the same to 2 KL' J w.P.N )s.9 t20 and 6777 of 2025 respondent Nos.2, 5 and 6. Respondent Nos.2 to 6 did not act upon the same. Therefore, aggrieved by the said action of respondent Nos.2 to 6, petitioners I'rled the present Writ Petition.

4. In Writ Petition No.6777 of 2025, 4'h respondent, Assistant Director of Mines and Geology, Suryapet, has filed counter affidavit contending that vide proceedings dated

17.05.2023.2nd respondent, Director of Mines and Geology, Hyderabad. had granted a quarry lease in favour of 7tr' respondent in respect of land to an extent of 4.516 Hectares in Survey No.98 (Govemment Land) of Thonda Village, for colour granite, for a period of20 years. Videproceedings dated

14.07 .2023, thc said lease was duly executed by the Office of 4th respondent for the lease period commencing from

14.07.2023 ro 13.07.2043. The lessee is in possession of all requisite statutory approvals. It is further contended that lessee has failed to pay an amount of Rs.8,23,680/- towards Annual Dead Rent (ADR) for the Financial Year 2024-25 and 3 KL, J W.P.Nos.9120 and 6777 of 2025 accordingly, determination proposals have been submitted to 2nd respondent and orders are awaited.

5. It is also contended that pursuant to an inspection conducted by technical staff of 4ft respondent on 28.02.2025, following observations were made regarding the quarry lease area. a The subject quarry lease area comprises hill terrain hending in the Northwest-Southeast direction with an approximate elevation of 8-10 meters from the general ground level. The inspection and survey revealed the following encroachments and developments. a Edu Dodla Maisamma temple has been constructed by local villagers in the central portion of the quarry lease area in the year 2023. A segregation shed has been constructed within the quarry lease area in the Southeast direction. A dumping yard has been established in immediate adjacency to the quarry lease on the Southeast side. a Raithu Vedika, IKP Cenhe, and Kreeda Pranganam have been established at a distance of approximately 45 meters on the southem side ofthe quarry lease area. a The pioposed Integrated Residential School Complex (IRSC), with an estimated cost of Rs.330 crores, covering 4 KL' J w.P.Nos 9t20 ard 6777 of2025 an extent of Ac.20.30 Guntas, is situated on the Eastem side of the quarry lease without maintaining the requisite safety distance. Thus, all the aforementioned sffuctures and developments were established subsequent to issuance of No Objection Certificate bearing No.Bl/1917/2018 dated 23.10.2018 by 6th respondent

6. Learned Assistant Government Pleader for Revenue has produced copy of written instructions of 6th respondent wherein it is stated that vide proceedings bearing Rc.No.B/520/2024, proposals were submitted for establishment of Integrated Residential School Complex in respect o1'lancl to an extent of Acs.20.l0 guntas in Survey No.98 of Thonda Village, not having the cognizance of grant of lease in favour of 7'h respondent for a period of 20 years. Thereafter, 6th respondent has addressed. a letter dated

28.10.2024 to 3'd respondent, District Collector, Suryapet, stating that 4th respondent has requested to leave sufficient buffer zone along the border to the existing quarry lease area 5 KI. J W.P-Nos-g120 and 6777 of 2O25 to avoid further complications, and the same is under consideration. The same is placed on record.

7. Learned Assistant Government Pleader for Mines and Geology has produced copy of letter dated 01.04.2025 addressed by 4ft respondent to 2"d respondent wherein it is stated that 7'h respondent has already paid ADR for 2024-25 and2025-26 and structures and developments were established subsequent to the issuance of No Objection Certificate by 6th respondent. The same is placed on record.

8. Learned Assistant Government Pleaders for Revenue and Mines & Geology, on instructions, would submit that 3'd and 4th respondents would consider the representation dated 21 .01.2024 submitted by petitioners and take action strictly in accordance with law.

9. In the light of the above, both these Writ Petitions are disposed of directing 3'd and 4h respondents to consider the representations dated 27 .01.2024 submitted by petitioners and if the altegations made by petitioners are found to be correct, 1 I I 6 KI, J w-P.Ncs.9I20 dd 6777 of2025 '-3-,.-.. they shall take action on 7'h respondent strictly in accordance with the pr()cedure laid down under law, within a period of four (4) wecks from the date ofreceipt ofcopy oforder. They shall also consider the aforesaid proceedings and events which are subsequent to No Objection Certificate obtained by 7th respondent. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// SD/.K. SREE RAMA MURTHY DEPUTY REGISTRAR I \l\ '.i SECTION OFFICER To 1 . The Secretary Mines Department, Secretariat State of Telangana at Hyderabad.

2. The Director, l\,4ines and Geology Department State of Telangana' Hyderabad.

3. The District Collector, Suryapet District at Suryapet' 4. The Assistant Director Mines and Geology, Suryapet District at Suryapet' 5. The Revenue Divisional Officer, Suryapet, Suryapet District' 6. The Tahsildar, Tirumalagiri Mandal, Suryapet District' 7. Two CCs to Gp FOR MiNES AND GEOLOGY ,High court for the state of 8. Two iC. to Cp FbR REVENUE, High court for the State of Telangana at Telangana. [OUTI Hyderabad. [OUT]

9. One CC to SRI DY.L.N.CHARYULU, Advocate [OPUC] 10.Two CD CoPies SA \\. O". cc 1o Svf - r . urr.Jo. \<1al'o.e, Advoa"*e Co PvcJ ut tf. HIGH COURT DATED:01 10412025 C.C,TODAY COMMON ORDER WP.Nos.9120 AND 6777 o12025 l ilL ij iA ,.\ IJ^ ) l;.:r) 1 ,, '\. 10 APf, 2tr5 L C, 'rcii €;J DISPOSING OF THE WRIT PETITTONS WITHOUT COSTS. oP?* 16 &<-

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