The High Court · 2025

Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue an order, direction or writ particurarry one in the nature of writ of Mandamus calling for the respondent No.3 impugned proceedinss ...RESPONDENTS f No.462lsandMadagudem-lV/2023' No.437lsandMadagudem-V/2023' dated'0 4-04-2025 in respect of Wadagudem- lV sand bearing area in Godavari river at Wadagudem village' Mangapet Mandal' Mulugu district and another one of respondent No'3 proceedings dated 04- O4-2O25 in respect of Wadagudem-V' sand bearing area in Godavari river area at Wadagudem village' Mangapet Mandal, Mulugu district and consequent Agreement of respondent No'5 with the respondent No'7 vide Rg'eement dated'1 1-O4-2O25 and another Agreement of same dated l'l -O4'2O25Ooth in respect of Wadagudem-lV' sand bearing area and Wadagudem-V sand bearing area of Wadagudem village' Mangapet Mandal' Mulugu district and declare both the proceedings of the R-3 dated'04-04-2025 in respect of Wadagudem-lV and another proceedings of same dated 04-04-2025 in respect of Wadagudem-V and consequent Agreement of respondent No'5 with Respondent No.7 both dated.l 1-04-2025 (pertaining to wadagudem lV and V) as illegal, arbitrary and unjust and violative of Article 14 and 21 of the Constitution of lndia and also provisions of TCS Act' 1964 and TtvlACS Act' 1995 and also respondents to restrain from extracting the sand from Wadagudem Village' Mangapet tVlandal, Mulugu District' violativeprinciplesofnaturaljusticewhileissuingaconsequentialdirectiontothe tA NO: 10F 2025 petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be pleased to suspend the impugned proceedings of respondent No 3 issued in his proceedings No. 462lsandMadagudem-lV/2023' dated 04 -O4-2O25 and his another proceeding No.437lsandMadagudem-V/2023' dated 04 -O4-2O25 allotting the sand bearing areas of Wadagudem-tV and V to the respondent No 7 and consequent Agreements of respondent No'5 with respondent No 7 on 11-O4-2O25 in respect of wadagudem-lV sand bearing area and another Agreement dated'1 1-04-2025 in respect of wadagudem-v sand bearing area while directing the respondents issug allotment letters to the petitioner in respect of sand bearing area of wadagudem tv and V and subsequenfly entifled to Agreement by Respondent No.5 with the petitioner of Wadagudem Village, Mangapet IVandal, l"4ulugu district. 7 IA NO:20F 2025 Between: fr i",$[ryl3:ffi iqfsl,t3;i1s"& jfl ,qf i{,j:##,:i#t1ffi #f ,., AND 1, t6:fl *3H"Ti,:,i1iT,*[x;iBf]fi .i:"H.1:':.1,il:; j{:[ts:,.r?,,,tr,sz*i:3:i lF,T#ff iffip5r,.s,'3.3,t;pa;yssr#;:fi ,

2. The State of Telanqan: covernmtii;rr"ixiu3;5,T":I"i,?lli:r,ilf"?fjxy.f orcooperation, ...RESPONDENT/PETITIONER eove,nm"ni6rJ;#*"":%.,{T1ff 3 The Commissioner for I 4' The District co'ector / chair person District Lever sand committee, Murugu 5. The District Cooperative Officer, Mulugu District at [Vlulugu_506343 '$.;"p;:1t,9il"il*ya''di3?t,iFi,:.,Rfl [,.f; ,:rl*;i", jr?";:*::lXtffi "tiu., :p3[1fJ:E#"xX,

7. The Project Officer. lnter Nagaram, Hrrrrrg, oi.triSt:?3&Tnbal Development Agencv (lrDA) Eturu Petition unddr section '1 51 cPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to vacate the interim order passed in w.p.No. 1380212025 dared o2ro5r2o25, and dismiss the Writ petition in the interest of justice. ...RESPONDENTS lA NO: 3 oF 2025 Between: 1. The uovernmenl of Telangana, Secietariat,, Hyo-urldrl_sooOzz of T9lg1Oana, Re!.- !v f rilgiqqt Secretary ror Cooperation, ^S_tate 'E:?"?8fl :lli:,iist',iJ*",:%nll*lB.x,..j[1iT", j,?*m:tlvesocieties,

1. \hg UrS\trc\ Co\\ec\or I Chan Person D\str\c\ Leve\ sand commir\ee, Mu\usu 4 r he D i st ri ct c o o p e rati ve "t' ""'. i l'rll,li: :'#:: :';:t Tit- ".. 1 r o 4 AND 1 [a:'fl ,g.lr:?5'^]',:ffl WILx33i"#5,?.T"0".1:*"'Ltd'wadagudem ,l'Yffi :u'$x113:"('"':affi '5"'"?*3BBi $if $i#,p#i:"di",ff ...RESPONDENT/PETITTONER ,$?"Yi"rX,""l?'S?&?1,'#A:t-'dlt,?[f ?\::']fl n:ffi [*::'fi J$[i3L1l' 500004' l,:Z *L":U:ft:'ri:Hsl-1ts3, ['lt . -i:**6lf,;"g;1il3qf a I D eve I o p m e nt As e n cv ( I r DA) Etu ru f [5$i]idqT,Li{{*"'tr;f }'#}fl '$i''' ...RESPONDENTS/RESPONDENT NOS'5 TO 7 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition' the High Court may be pleased to vacate the interim order dated:02-05-2025 in W'P No '13802 oI 2025' Counsel for the Petitioner: SRI D' GOVERDHANACHARY Counsel for the Respondent Nos'1 to 4: GP FOR COOPERATION ?:il'-il"^lfl;ff.Tilifl ?t,lll,i;i5l3y,Tl/lfr"5si;E$l',ffi $,i$,fu Counsel for the Respondent No'7: SRI RAMESH BABU VTSHWANATHULA The Court made the following: ORDER scFoR HON'BLE SRTJUSTICE K. LAKSHMAN W.P. No.l3 802 0F 2025 ORDER: Heard Mr. D.Goverdhana Chary, learned counsel for petitioner, learned Govt. pleader for Cooperation appearing fbr 2nd respondent, Sri Mummaneni Srinivasa Rao, learned Shnding Counsel for Telangana State Mineral Devclopment Corporation (TSMDC) appearing for 5'r' respondent and Sri Ramesh Babu Vishwanathula, leamed counsel appearing for 7rr, respondent.

2. This writ petition is fi led ro ser aside the proceedings No.462lsand/Wadagudem-lV/2023 and proceedings No.437lsand/ Wadagudem-VlZ023 both dated 04.04.2025 of 3d respondent issued in respect ofsand bearing areas in Godavari river area at Wadagudem village, Mangapet Mandal, Mulugu district and consequent agreements both dated 11.04.2025 of 5'h respondent, as illegal.

3. Petitioner's Society is a society registered under the Telangana Cooperative Societies Ac| ir964 (fbr short, .the TCS Act,) and has been in existence and doing sand quarrying from Godavari River at Wadagudem of Mangapet Manclal, Mulugu district,, duly obtaining license. There are llve identificd sand bearing areas in 2 Godavart rtver at Wadagudem Village and out of five' lor technical reasons, sand bearing areas I and III could not be allotted' r'vhereas sand bearing area No' It was allotted to the petitioner's society in the year 2022' Agreement dated 12'04'2022 was also entered with District Cooperative Ofticer/Respondent No'5 and out of the earnings' dividend was paid to its 111 members who depended upon the quarrylng

4. Pursuant to the proceedings of 3'd respondent' dated 04.O4.2025,the District Collector/4'h respondent' al lotted sand bearing areas IV and v to Respondent No.7. Respondent No.5 entered into agreements both dated ll'04'2025 with 7'h respondent with regard to extraction of sand in respect of Wadagudern-lV and V sand bearirrg areas, in utter violation of the provisions of the 't'CS Act' as 7'h respondent society was lormed U/s'5 of the 'lelangana Mutually Aided Cooperative Societies Act' 1995 (for short' "IMACS Act')' There cannot be two societies in the same village'

5. 7th respondent society having been fonned under I'MA('S Act, 1995, cannot seek any kind of aid from State Gol'ertiment, Central Govemment or local Govemment. J

6. 3d respondent/ fhe Commissioner lor Cooperation, earlier issued a Circular dated t2.07.2022 directing 4,h respondent to ensure that one village shall have only one society and vide memo dated 22.05.2023, withdrew the said circular. l_he said memo dated 22.05.2023 was challenged in W.p.No.t3756 of 2023 wherein this court vide order dated 06.06-2023 granred status quo and later vide order dated 13.06.2023 granted interim suspension of the said memo. Therefore, Respondent No.4 registered the society of Respondent No.7 in the same village under two diffbrent Acts. having knowledge of said interim suspension, is not permissible.

7. 7th respondent seeking allotment of sand bearing areas for its members who are just 24 which TMACS Act, does not permit and further Section 14 of TMACS Act, requires to mobilise funds in the shape of share capital, deposits, debentures, loans and other contributions from its members only. proviso of said Section l4(2) (A) clearly mandates the society formed under TMACS Act, shall not accept share capital from the govemment but may accept other funds or guarantees from the govemment on such terms and conditions as are mutually agreed thereupon. Therefore in the absence of 4 Memorandum of Understanding, it cannot seek any funds from the Government.

8. Petitioner society was formed in the year 2(ll2 and has I t t members which is evident from the audits conducted to the society in the years 2022-2023 and for the year 2023-2024, whereas 7'h respondent society formed under TMACS Act, is just having 24 members, is trying to deprive the livelihood of t 1l members ol the petitioner's society. Therefore, existence of Respondent No'7 and its entitlement for excavation of sand is bad in law and aforesaid proceedings dated 04.04.2025 of 3'd respondent and agreements dated

11.04.2025 entered by 5'h respondent with 7'h respondent are [iable to be set aside.

9. 4th respondent filed counter contending that the Petitioner herein suppressed the fact that 3'd respondent issued a memo dated

22.05.2023 withdrawing the earlier circular dated 12.07.2022 issued by him restricting one society to one village, after considering several representations submitted by the Tribat Organizations stating that the livelihood from the sand societies was hampering thern by imposing restrictions of one society in one village and after elaborate discussion. Y 5

10. 3.d respondent came to an opinion rhar most of the Tribal Committees of Mulugu District are depending on the income generated from the sand bearing areas i.e Wazeedu, Venkatapuram and Mangapeta and the restriction of one socrety to one village will cause impact on their livelihood who are not part of that society and therefore vide circular dated 12.07.2022 unanrmously decided to withdraw the restrictions imposed. 1 I . Basing on the memo dated 22.05 .2023 of 3.d respondent, 7th Respondent Society got registered under Secrion 5 of TMACS on 07.06.2023. On the opinion of the Gram Sabha conducted under the Panchayath Extension Scheduled Area Act, for Wadagudem Reaches IV and V by the Mandal parishad Developmenr Officer, Mangapeta (MPDO), the Society was accepted for extraction of sand liom Wadagudem, after complying all the formalities, proceedings were issued for allotment of said Reaches Nos. IV and V on 04.04.2025. The Petitioner was not eligible for Gram Sabha as it faired ro conduct audit for the financial years 2022_23 2023_24.

12. petitioner Society did not receive any Aid. Share Capital, Debentures and Loans from the Govemment. Two Writ petitions vide W.P. Nos. 15446 of 2023, 19166 of 023 were filed wherein inrerirr 6 orders were passed tbr registering multiple societies in one village in accordance with law' As such Palem and Tekulaguclem villages of Mutugu District are having multiple societies in one viilage' With the said submissions, 4th respondent sought to dismiss the writ petition filed bY the Pettttoner

13. 5th respondent filed counter contending that Government videG.o.Ms.No.38Ind.&Com.Deparlment,dated12.|2.2014has introduced New Sand Mining Policy' 2014 in Telangana State and videG'o.Ms.No.03,lnd.&Com.Depar1ment,rlated08.01.2015 formulated Telangana State Sand Mining Ruies' 2015 ( for shorl' 'the Rules, 20 i 5') and as per the said Rules' orders were issued accordinglY.

14. Joint Inspection of the society was conducted by Revenue' Ground Water, trrigation, Agriculture' and ADMG Mulugu and reports dated 29.04-2023 were submitted to the Member Convenor' DLSC, Mutugu. The Member Convenor, DLSC/3'd respondent' Mulugu has placed the same in District Level Committee meetings and after detail discussion, issued proceeding No. No.33lsandl20l9, dated 25.10.2024 to Ws TSMDC for excavation and transporlation of sand from Society for a quantity of 99,g00 cubic meters. 7

15. 5rh respondent Environmentar has obtained all crearances, consent a.tn" consent for operarion (cFo) from the pc submitted to 3d respondent for final a respondent has issued final No.437/sand/riladagudem_v/2 ttu'utory clearances i.e. ishment (cFE) & ,llution Control Board and rllotment proceeding. 3'd proceeding 023, and*or,ro,r"r, dlro No'462lsand/ wadagudem- / and Wadagudem_V oo'oo''025 and as per wadagudem-v ,uro ."u"' Iv/20n, both dated no^^ "^^'-" sabha in respe* oro Mangapera Mandar, ,n" i:^:- in the wadagro"r-,r*" the opinion of Grama v san. t'e.ch conducted bv MPD., petitioner was accepted for extraction of sand 16. 5tn respondent has entered into agreements with 7rh respondent on 11'04'2025 which sha, be in force tiom r r-04.2025 to Officer, TSMDC Mulugu has prepared agreements in Form_S I and sent to Asst Director and Mines and Geology, Mulugu on 1.05.2022 for onward entering agreements between TSMDC and ADMG Mulugu.

27.03.2026. The project sand reaches. No.43 7/Sand/Wadagudem_V/2

17. The Assr. Director of Mines and Geology vide letter No. 023, dated, O l.O5.2025and entered into SI agreemenr with the projeo Officer, TSMDC, Mulugu District and started excavation of sand in Wadagudem sand reach of Mulugu ^; \ 8 District. ln compliance with the order dated 02'05'2025 in the present writ petition, 5th respondent has ceased sand excavation activities at the Wadagudem-IV and V reaches from 13'05'2025'

18. 7th respondent filed counter contending that the petitioner has no rocus standi to file the present writ petition. prior to issuance of Labour contract in wadagudem vi[age, the MpDo of Mangapet addressed a letter dated 25'03'20 25 to 4'h respondent requesting details and to identify eligible Tribat Sand Quarq' Societies for conducting the Gram Sabha in wadagudem village. Respondent No.5 submitted a comprehensive repoft stating that the petitioner society is not eligible to place them in Gram Sabha' and only respondent No'7 society is eligible for sand excavatlon'

19. The petitioner society has suppressed the fact that it is not eligible for taking the Sand Quarry Labour Contract' 7th respondent society is formed under section 5 of TMACS Act' 1995 which is the latest Act. Proviso to Section 5 of the Act says that if a society is earlier registered under TCS Act, 1964 and if the sarne society is again registered under TMACS act 1995, the earlier registration stands cancelled. And further, every society registered under TMACS Act' 1995 shall be renewed for every five years subject to the society's Y a-r o accounts updated and audited as per provisions of Act. The societies must conduct the elections and the society shall not violates any provisions of the Act, Rules and By_laws. . 20. petitioner society should have taken steps to challenge the ineligibility proceedings to participate in Gram Sabha passed by 4rh respondent, instead of challenging the proceedings made in favour of respondent, so that the petitioner may have opportunity to participate in future Grama Sabhas. With the said submissions, 7,r, respondent sought to dismiss the present writ petition. FINDI NGOFTFtE COURT:- 7'h

21. In the light of the aforesaid discussion, it is apt to note that vide G.O.Ms.No.3, dated 0g.01.2015, the Govemment has announced New Sand policy, 2014 for regularization of sand mtning and formulated Telangana State Sand Mining- Rules, 2015 (for short, .TSSMR, 2015').

22. Rule 2 of the said Rules deals with Regulation of extraction/disposal of Stream/River Sand and Rule 2 (iii) says that allocation partialry/fully of specified sand bearing areas rocated in Scheduled Areas shall be as per the panchayats Extension to Scheduled Areas (pESA) Rules,20i1 ( for short, .pESA Rules,) or l0 rules/amendments to be issued bY any suitable subsequent Government from time to time with Technical and Administrative support fiom Integrated Tribal Development Authorities (ITDA)/ Telangana State Minerat Developtnent Corporation Limited (TSMDC Ltd.) under the direct supervision and control of the Agency Magistrate/District Collector concemed' Operational guidelines shall be issued by the District Collector from time to time' Rule 4 (iv) (b) of Rules says that Telangana State Mineral Developtnt'nt Corporation (TSMDC) shall obtain certain statutory clearances' Rule 4 (iv) (c) of Rules says that on submission of statutory clearances' the Chairman' DistrictLeveisanclCotrrmittee(DLSC)shallallotthespecifiedsand bearing area to TSMDC for extraction of sand' Rule 4 (iv) (d) of Rutes says that TSMDC shall execute a lease deed in Form-S 1 with Assistant Director of Mines and Geology concerned within (15) days from the date of allotment order' As per Rule 4 (v) of the Rules' after execution of lease deed, TSMDC shall extract sand by engaging a raising contlactor lrotn the specified sand bearing area to an approved stock yard. The raising contractor will be selected under strict competitive bidding Process' ':11 *-.:ffi 7 t)

23. Vide G.O.Ms.No.66, dared 24.03.20fi, Governmenr has framed pESA Rules, 2011. Rule 7 of the pESA Rules deals with mrnor minerals in the Scheduled Areas and grant of prospecting license or rnining lease for minor minerars. As per Rure 7(i) of the said Rules, only individual local members of ST or societies comprising of exclusively local ST members shall be entitled for grant of prospecting license or mining lease for minor minerals and grant of, concession for exploitation of minor minerals by auction. As per Rule 7(ii) of the said Rules, the Mining Department shall refer all applications received for grant of prospecting license or mining lease for minor minerals in the Scheduled Areas to the concemed Gram Panchayat for their consideration. Rule 7(iii) of the Rules deals with the Gram Panchayat shalr forward its approval or reject individual or tribal societies or Tribal Mining Corporation by passing an appropriate resorution within four weeks. As per Rule 7(iv) of the said Rules the decision ofthe Gram panchayat shall be binding and final.

24. In the present case, vide proceedings dated,04.04.2025,3d respondent i.e. District Collector/Chairman of DLSC, Mulugu, has allotted Wadagudem - IV and V sand bearing areas to 5th respondent for excavation. In the said proceedings, it is also specifically t2 menrioned about the proceedings both dated 04'04'2025 of 6'h respondent' 6'h respondent has intbrmed that PESA Gram Sabha in respect of Wadagudem -lV and V sand teaches was conducted by Mandal Parishad Development Officer (MPDO)' Mulugu Mandal' as per the opinion of PESA Gram Sabha' 7'h respondent was accepted for extraction of sand in wadagudem - rV and V sand reaches' Thus' 3'd respondent has allotted the said sand bearing areas of Wadagudem - IV and V sand reaches in Godavari River at Wadagudem Village' Mangapeta Mandal' Mulugu District' over an extent of 4'99 hectares for extraction and transportation of sand in terms of Rule a(l)(iv) (c) of TSSMR, 2015 on certain conditions' Thereafter' 5t1' respondent has entered into agreements both dated 1 I '04'2025 with 7th respondent on the Specitic tetms and conditions mentioned therein' The said agreements are valid tbr a period from I t'04'1025 to 27 '03'2026'

25. Chaltenging the said proceedings both dated 04'04'2025 of 3'd respondent and agreements both dated 1 l '04 2025 entered by and between respondent Nos'5 and 7' the petitioner filed the present writ petition.

26.'I'he petitioner is a registered society registered under TCS Act,

1964. According to the petitioner, it has I I I niembers. 7'h / n) respondent is regisrered under TMACS Act, 1995 on 07.06.2023. It has 24 members. The area of operation of both the petitioner and 7,h respondent is Wadagudem Village. 27 . It is relevant ro note that vide Circular dated 12.07 .2022, 3d respondent stated thal it has come to his notice that registration of more than one society in one village is being done by the District cooperation officer, Mulugu due to which ceftain issues are occurring while assigning the sand bearing area to the society and also noticed that one person is registering in dual/multiple societies. Therefore,3.d respondent has directed the District Cooperation Otlicer (DCO), Mulugu, to conduct Gram Sabha in the village before registration of any society in order to avoid any misgivings and ensure that one village shall have only one society. Thereafter vide memo dated 22.05.2023,3''r respondent withdrew the said circular dated

12.07.2022.

28. Komuram Bheem S.T. Isuka euarry Labour Contract Cooperative Society, Ltd., Mulugu, with Regn.No. 125 TM Ramanapet Mandal Mangapet Dist, has filed W.p.No. 13756 of 2023 chaltenging the said memo, dated. 22.05.2023 of 3.d respondent. Vide order dated

06.06-2023, this courr directed the parties to mainain status-quo trr 14 the next date of hearing' On 13'06'2023' this Courl suspended the said memo dated 22'05'2023'

29. It is relevant to note that neither the petitioner nor 7'h respondent are parties to the said writ petition' 7th respondent registered on.O7 '06'2023 under TMACS Act' t995'

30. It is apt to note that there is no provision under the TCS Act' 1964 prohibiting registration of two societies in a village' A member cannot be in two societies as per the bye-taws of the said societies, if the bye-laws says so' Therefore' there is no prohibition for 7'h respondent to get itself registered under TMACS Act' 1995' Without considering the said aspects' 3'd respondent has issued circular dated 12.07.2022 and on realizing the same' he withdrew the said circular bY way of issuing a memo dated 22.05.2023. However' W'P'No' 1 3756 of 2023 is pending and the said aspect witl be considered in the said writ petition. 3l.LeamedGovt.PleaderforCooperation,oninstructions, would submit that the District cooperative ofllcer, Mulugu District' is taking steps to tile counter and vacate application in the said writ petltlon. $,,' /. n )

32. As discussed 7,h respondent under the ' there is no irregularity in registration of provisions of the TMACS Act, 1995. Rule 7 of the pESA

33. Wadagudem village is a scheduled area. Therefore, as per Rules, only individual local members of ST are entitled for grant of prospecting ricense or mining lease for minor minerals and grant olconcession lor exploitation s^lrroltatlon of minor minerals by auction. o_

34. As per Rule 7(2) of rhe pESA Rules,20ll, the Mining Department referred all the applications received in respect of Wadagudem Sand Reaches, Gram panchayat Wadagudem and it has conducted pESA Gram Sabha. In the pESA Gram Sabha, it has resolved that the petitioner society is not conducting audit and it is not eligible, whereas, 7,h respondent is eligible. Therefore, 4,h respondent i'e' Dco, Mulugu, vide his proceedings dated,27.03.2025 informed the said fact to the MPDO, Mulugu. On receipt of the same, and also on receipt of the procecdings, dated 09.04.2025 with regard to details of Managing Committee of 7,h respondent, 3.d respondent vide proceedings both dated 04.04.2025, allotted the sand bearing area of Wadagudem - IV and V sand reaches in Godavari River at Wadagudem, to 5th respondent which in tum, entered into agreements 16 with raising contractor (society) for extraction of sand flom specified sand bearing area in fbvour of 7th respondent on specific tetms and conditions mentioned therein' Thus' while entering into the said contract and issuing proceedings dated 04'04'2025' respondents have tbttowed the procedure under PE'SA Rules 201I and Sand Mining PolicY,2014'

35. The petitioner field the present writ petition contending that 7'h respondent which was registered under TMACS Act' 1995 is not etigibte tbr the largesee of the State'

36. As discussed supra' 3'd respondent has allotted the aforesaid sand reaches in t'avour of 5th respondent and 5th respondent' in turn' cntered into agreements in favour of 7'h respondent and the same is in tcrms of the Sand Mining Policy, 2014 and as per Sand Mining Rules, 1015. The said proceedings both dated 04'04'1025 and agreements both dated 11.04.2024 were issued and entered as per PESA Rules' l0l1 and TSMMR' 2015' It is only an award of work but it is not linancial aid. tt is only execution of work by 7th respondent in tetms of .rgreements both dated 11.04.2025. Therefore, the petitioner cannot conrend that 7't'respondent is receiving aid from the govemment. The said conlention of the writ petitioner is untenable. ) l7

37. It is also further contended by the petitioner that 7th respondent society registered under TMACS Act, is prohibited from recervrng grantlaid from the govelnment either on free of costs or at concesslon rates.

38. As discussed supra, 7,h respondent did not receive any grant/aid including financial aid from the government. 5rh respondent has awarded contract to 7th respondent on the specific terms and conditions mentioned in agreements both dated ll.O4.2O25in terms of PESA Rules, 201I and TSMMR, 2015 There is no irregularity. It is not a grant in terms of Section 2(d) read with Section ta Q) of TMACS Act.

39. It is further contended by the petitioner that a society registered under TMACS Act, 1995 cannot take away the same village i.e. Wadagudem from the area of operation of the existing society registered under TCS Act without resofting to r5(A) read with Section 16 of 1969.

40. In the light of the aforesaid submission, it is relevant to note thar Section l5(A) of the TCS Act, 1964 deals with the identification of viability of societies and consequences thereof. Section l6 of the Act deals with the amendment of bye-laws of a society. Therefore, the I \ t8 petitioner cannot place reliance of Section 15-A and Section 16 of the TCS Act, 1964 to contend that 7'h respondent took away the same village i.e. Wadegudem from the area of operation of existing society' -fhe said contention of the petitioner is also untenable' 41. It is further contended by the petitioner that a society cannot be declared as ineligible to participate in Grarn Sabha from non- subrnission of audit report in time as required undcr Section 50(3) of thc Act, 1c)64.

42. It is also relevant to note that the Mining Depaftment has rel'erred all the applications lor grant of prospecting license or mining lease lbr rninor minerals in the scheduled area liom Wadagudem viltage . to Wadagudem Grampanchayat for their consideration' The Grampanchayat has conducted Gram Sabha and resolved that 7'h respondent is etigible and the petitioner is not etigible on the ground of non-subrnission of audit reporl' However' it is tbr the competent authority to initiate proceedings under Section 3a(1) of 'tCS Act i c' supersession of the committee foi non-submission of the audit reports and non-conducting of activities by the petitioner society as per the procedure /aid down under bye_laws. Y To, \ TJ GJP I9

43. There is no challenge to the said resolution of Gram Sabha by the petitioner herein. There is also no challenge to the proceedings dated 17.03.2025 of the DCO, Mulugu submitted ro the MpDO, Mulugu.

44. In the light of the aforesaid discussion, the petitioner herein failed to make out any case to set aside the proceedings both dates 04'04'2025 of 3'd respondent and both the agreemenrs dated ll '04'2025 entered by and between the respondents 5 and 7. Therefore, this writ petition is liable to be dismissed.

45. In the result, the writ petition is dismissed. The interim order gr.anted shall stand vacated. Consequently, miscellaneous petitions, if any, pending, shall also stand closed. SD/. .H.S. GOWRI SHANKAR SISTANT REGISTRAR //TRUE COPY// SECTION OFFICER Hyderabad [OUTj

1. One CC to Sri D. Goverdhanachary Advocate tOpUCl 2. Two CCs to GP for Cooperation, High Court foi tfre State of Telangana, at 3. One CC to Sri Mummaneni Srinivasa Rao, SC for State Mineral Development 4. One CC to Sri Ramesh Babu Vishwanathula, Advocate[Opuc 5. Two CD Copies Corporation(TSMDC) i HIGH COURT DATED:2 3t0712025 a. c / -:) a:_) ,.). '/>. ...J. ::--:-r 1'rlF- ii i4> s \ 0 3 sEP 2025 t) ---::. -:- -u-' ORDER WP.No.13802 of 2025 DISMISSING THE WRIT PETITION WITHOUT COSTS @ b