High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated- in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or Direction more particularly one in the nature of Writ of Mandamus, declaring the arbitrary action of the respondent No.2 to 7 in not taking action against the illegal excavation and transportation of the Gravel from the Government lind in Sy.No.259 of Kamalapuram Village, Mudigonda Mandal, Khammam District, by using JCB proclainer continuously and transporting the same in Tippers and Tractors for the purpose of selling the same in open market without obtaining 4ny permission from the concemed authorities inspite of the representation made by the Kamalapuram villagers dtd.25.O3.2025 is illegal, void and opposed to articles 14, 19,21 and 300-4 of Constitution of lndia, and consequently to direct the respondent authorities to take steps to protect the Government land environment safe-guard and without damaging the trees and without causing damage to the animals and birds, by protecting tlre social forest situated in Sy.No.259 of Kamalapuram Village, Mudigonda Manclal, Khammam District. lA 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 respondent authorities to protect the government land covered with the social forest situated in Sy.No.259 of Kamalapuram Village, Mudigonda Mandal, Khammam District, by taking necessary action and to protect thr,r social Forest produce without damaging the natural environment from the illegal ,:)xcavation and Transpiration from the hands of the unsocial elements, pending disposal of the above Writ Petition. Counsel forthe Petitioners: SRI MUMMANENI SRINMSA RAO Counsel forthe Respondent Nos.l TO 4: GP FOR REVENUE Counsel forthe Respondent No.5: GP FOR MINES & GEOLOGY Counsel for the Respondent Nos.6 & 7: GP FOR HOME The Gourt made the following: ORDER HON'BLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.l247O of2O25 ORDER: This writ petition is hled seeking to declare the action of . respondent Nos.2 to 7 in not taking action against the illegal excavation & transportation of the gravel from the Government land in Sy.No.259 of Kamalapuram Village, Mudigonda Mandal, Khammam District, by using JCB proclainer continuously and transporting the same in Tippers and Tractors for the purpose of selling the same in open market, without obtaining any permission from the concerned authorilies inspite of the representation made by the Kamalapuram Villagers dated

25.03.2025, as illegal, arbitrary and consequently prayed for other appropriate reliefs.

2. Considered the submissions of the learned counsel for the respective parties and perused the record.

3. It is stated that the petitioners are the villagers of Kamalapuram Village, Mudigonda Mandal, Khamam District and in the said village, there is a social forest belonging to the Government in Sy.No.259. It is further stated that the said social forest is situated at the top of the hill area and durilcjbc 2 CVBR, J Wp.12470 2025 rainy season, the villagers are the protecting their livers from the rain, cyck)nes and floods and various birds and animzris are also living in thr: said forest. It is further stated that few persons are illegally blasting the said hill area, by using explr,sives ancl removing t.l-re soil and costly stones by using healy proclainers and transporting the same in Tippers and Tracrors for the purpose of selling the same in open market. It is further stated that the Deputy Director of Mines & Geologr, Warangal, uide Memo No.987lTP1/KMM/2024, dared 04.12.2O2a granted temporary permission for excavation of Gravel for a cuantity of 1O,O0O MT from the Government land in S],. No.25i9/ part of Kamalapuram Village and the validity of the said r_emporary permit rvas expired on O8.01.2025 and thereafter, the said permission clated 04.12.2024 was not renewed_ Therefore, the villagers :made a representation dated 25.03.2O2,; to ttre respondent authorities with a request to prc tect the Governmenl. land in Sy.No.259 from the illegal e;,rcavation, however, no action has been taken so far. Therefore, ttre present writ petitior .

4. Learned counsel for the petitioners has ve,hemently contended that even after the expiry of the temporary permit granted vi<lc Memo dated 04.72.2024 on Og.O l.2O2S. in active t I z 3 CVBR, J wp_12410J025 connlvance with the mining operators, respondent Nos.4 and 5 are allowing illegal excavation of Gravel from the Government land in Sy.No.259 and in the event of the entire Gravel along with mud is removed from the said iand, the said land would become fallow and would not be usefui for any purpose including de-forestation to meet the future needs of tJle communit5r at large.

5. Keeping in view of the interest of the villagers and as it is stated that the temporary permit grante d uid.e Memo datpd

04.72.2024 has expired on 08.01.2025 and the same was not renewed after O8.01 .2025, this Court deems it appropriate to dispose of the writ petition directing respondent Nos.4 and 5 to consider the representation dated 25.O3.2O25, submitted by the petitioners and take appropriate action, within a period of two (02) weeks from the date of receipt of a copy of this order. It is furtl'rer directed that respondent Nos.4 and 5 shall take all precautions in preventing the itlegal excavation of the Gravel from the Government land in Sy.No.259, in any manner and if necessary, by registering the criminal cases against the persons who are illegally and unautho rizedly carrying out mining activities. 4 CVBR, J wp -12470_2025 6. With ,,he above observations, this Writ Petition is disposed As a sequel, the miscellaneous petitions pending, if any, shall stand ,:losed. There shall be no order as to costs, //TRUE COPY// SD/-A. SRINIVASA REDDY qE PUTY REGISTRAR \ stairon oFFrcER riat, Hyderabad, State ,.!i, I To

1. The Principal Secretary, Revenue Department, Sec of Telangana,

2. The District Collector, Khammam, Khammam District. 3. The Revenue Divisional Officer, Khammam, Khammam Districl. 4. The Tahsildar, Mudigonda Mandal, Mudigonda, Khammam District. 5. The Assistant Director of Mines, Khammam, Khammam Distric:. 6. The Circle lnspector of Police, Mudigonda Police Station, Mudigonda,

7. The Station House Officer, Mudigonda Police Station, MudigonCa, Khammam B. One CC to SRI MUMMANENI SRINIVASA RAO, Advocate [OFUC] 9. Two CCs to GP FOR REVENUE, High Court for the State of Terlangana, at Khammam District. District. Hyderabad. [OUT]

10.Two CCs to GP FOR MINES & GEOLOGY, High Court for the lltate of Telangaria, at Hyderabad. [OUTJ

11.Two CCs to GP FOR HOt\rE, High Court for the State of Telangana, at Hyderabad. [OUT]

12.Two CD Copies PSK BS CC TODAY o?- trl€ Si'.1 /A- ( ? I Alrr Z;ii t' I -; ,,j t:.,' ,\ -i .. ft ,/ ..,. . _<l:=-_ ,_-.- ;-' HIGH COURT DATED:2410412025 ORDER WP.No.12470 ot 2025 ,, l: \"" \ DISPOSING OF THE WRIT PETITION WITHOUT COSTS