High Court · 2025

f Z.Siation fiirse off6er, Shayampet Police Station, SHAYAMPET-506 13.i/);'La;riii Siru sii crusher, at Pocharam,.rep' bv-the $an-ag.ing Partner' '" iilin^ii,iiln"ooi, sro x. V6nrat ne!9y.,-{ .ltp.J-e-1134' 9ahq!gr.N?sar' iirii", no"o, nnirr rrrrnxor'loA-soo oot (r's'), waranoal Urban District' 14 M/s Sri Laxmi Siva sai bIonZ b;;ff' ;i F#dakode-paka' represented bv the ' ' ivir"rsi"s Pjrtnet, smtlntorir<iuitni kCing1! W/o Ramesh" H No l-1-374' i;ir-iiZ"ifinuqrr, t<aripei,'wJrangit-s06.oot 1r's') walalrg-ql Urban District' 15 b;i ffi;ik1"iini Klmtri' w/o"Ramesh, Rl/o H' No' 1-1-374' '" F;;;h;;th"rgir, xaripeilw"i"ng,i-soo bol(T's')' warangal urbanDistrict' ,2:,:? '! Petition under Article 226 of lhe Constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith'theHighCourtmaybe pleasedtoissueanorderordirectionorwrit,moreappropriatelyAWR|TOF MANDAMUS, to declare the impugned action of the official Respondents' in not takinganyactionagalnsttheUnofficialRespondentsNos.l3to20whohave,been indulginginindiscriminatequarryingofStoneandalsorunningstonecrushing units and Damber mixing plant near and around Taharapur Village, Mandaripet Village in shayampet Mandal. Warangal Rural District, in Telangana state who are causing severe pollution to the Lake uuhich is popularly known as Kollukunta cheruvu which is hardly about 100 meters from the said stone quarry leases and also nearer to the National high Way as shown in the Google map and also very nearer to the human habitat, which causes great noises and due to which the walls of nearby houses are damaged and causing atr pollution which causes ill health problems to the Villagers apart from causing great Air pollution problem to the School going children while going to their Schools and also while studying in Hoslel and in their houses and insprte of giving specific complaints to the Official Respondents, they are not taking any actron either closure of the Unofficial Respondents quarry leases / stone crushing plants / Damber mixing plant or shifting these units far away places from the Kollukunta Lake and human habitat for the reasons best known to them at the instance of ,th Respondent herein which is not only illegal, arbitrary and Unconstitutional, but also contrary to the well considered judgment of the Honble Supreme Court decided in Mohd. Haroon Ansari and another Vs District Collector and others, reported 2003 Law Suit (SC) 1236 = 2004(1) S.C.C. 49'l and another judgment decided in Deepak Kumar and others Vs State of Haryana and others, reported in 2012 Law Suit (SC) 149 = 2012 (4) s.c.c. 629 and arsb for not comprying the finar orders passed by the Honble National Green Tribunal, in the judgment passed in Application No. 3 of 2016 (sz) 9 E, //// / (suo Motu), dated. 05{7-2016 and further direct the official Respondents herein i.e., 1st to ltih Respondents herein to cancel the existing Quarry Leases / Stone Crushing Units / Damber Plants of the 13th to fOth Respondents herein in and around Taharapur and Mandaripet Villages of Shayampet Mandal, Warangal Rural District forthwith or in the alternate, shift those leases / units far away from the existing Agricultural lands / human habitat / Kollukunta Lake after obtaining Pollution clearance certiflcates from the Ministry of Environment and Forests, as held by the Honble Supreme Court in Deepak Kumar and others Vs State of Haryana and others, reported in 2012 Law Suit (SC) 149 = 2012 G) S.C.C. 629 and also initiate prosecution against these '1 3th to 20th Respondents herein under the provisions of National Green Tribunal Act, 2010 with immediate effect and further direct the official Respondents herein to pay the compensation to the Villagers of Taharapur and Mandaripet Villages of Shayampet Mandal, Warangal Rural District, Telangana, who sustained damage of their houses and also to their health due to heavy blasting and Air and Water pollution caused by the 13th to Utift Respondents herein by appointing an expert Committee and as decided by the said Expert Committee forthwith. l.A. NO: 2OF 2017 (WPMP. NO : 14059 OF 20171 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 1 '1th Respondent herein to drsconnect the power supply to the 13th to 20th Respondents' units with immediate affect why Ore running Stone Quarry leases / Stone Crushing Units Damber Mixing plant in and around Taharapur and Mandaripet Villages of Shayampet Mandal, Warangal Rural District, Telangana State with immediate effect pending disposal of lhe above writ petition. l.A. NO: 3 OF 2017 (WPMP. NO: 14060 OF 2017 ) 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 2nd to '12th Respondents herein to stop the 13th 20th Respondents herein forthwith to proceed with any Stone Quarry Leases / Stone Crushing / running of Damber mixing plant in and around Taharapur Village and Mandaripet Village in l&ls-- -1:1t 'yl. l . i*!,{::-.'l 7 ,.t r' Shayampet Mandal, Warangal Rural District, Telangana State pending disposal of the above writ petition. l.A. NO: 1 OF 2017(WVMP. NO: 2109 OF 20171 Between: M/s Patel Constructions & lnfrastructures Ltd., Sy. No. 106, 107, 108 and 109, Taharapur-506 31 9(T.S.), Shayamept Mandal, Warangal Rural District. ...PETITIONERiRESPONDENT No.19 AND

1. Kommula Bhaskar, S/o Babu ...RESPONDE NT/PETITIONER No.1

2. State of Telangana, represented by the Chief Secretary. Secretariat, HYDERABAD-500 022(T.S. ).

3. State of Telangana, represented by the Secretary, Environment, Forests, Science and Technology, Secretariat, HYDERABAD-500 022 (T.S) 4- The Secretary, lndustries and Commerce (Mines) Department, Govemment of Telangana, Secretariat, HYDERABAD-500 022(T,S.).

5. IVlemb-er Secretary, Telangana Pollution Control Board, Al, lndustrial Estate, Sanathnagar, HYDERABAD-S00 01 8(T.S ). 6- The Direcior of Mines & Geology, Government of Telangana, Vlll Floor, B.R.K.R. Buildings, Near Tank Bund, HYDERABAD-SO'I 022(T.S.). 7. District Collector, Warangal Rural District, y/ARANGAL'506 001(T.S.) 8. Revenue Divisional Offlcer, Warangal Rural District. at TVARANGAL-506

9. Deputy Director of Mines & Geology, Warangal Rural District, at WARANGAL- 001(T.s.), 506 001(T.s.) '10. Assistant Director of Mines & Geology, Warangal Rural District, WARANGAL- 506 001(T.S.)

11.Tahsildai, Sfiayamept Mandal, at Shaymapet-506 319(LS ), Warangal Rural District. 'l2.Assistant Executive Engineer, Operations, T.S S.P. D.C L., SHAYAMPET-506 31 9(T.S.), Warangal Rural District. 13 Station House officer, Shayampet Police Statron, SHAY'AMPET-506 31 9(T.S.), Warangal Rural District.

14.M/s Laxmi Siva Sai Crusher, at Pocharam, rep. by the l/anaging Partner, K.Thirumal Reddy, S/o K. Venkat Reddy, H No.1-9-1 1:J4. Sahakar Nagar, Hunter Road, HANMAKONDA-506 001(T.S.), Warangal Urban District. 15-M/s Sri Laxmi Siva Sai Stone Crusher, at Peddakodepaka, represented bythe Managing Partner, Smt. Aroori Kavitha Kumari. W/o Ramesh,. H. No. 1-1-374, Prashanthnagar, Kazipet, Warangal-506 001(T.S. ) Warangal Urban District.

16.Smt. Aroori Kavitha Kumari, W/o Ramesh, Rl/o H. No. 1'1-374, Prashanthnagar, Kazipet, Warangal -506 001(T.S.). Warangal urbanDistrict. 17.Sri Sai DattaDamberPlant, in Sy. Nos. 104, 105, 106 and 107of Taharapur- 506 319(T.S.), Shayampet Mandal, Warangal Rural District. lB.Katam Ravindra Reddy, S/o Thirupathi Reddy, H. No. 1-7-920, Advocates Colony, HANMAKONDA-506 001(T.S.), Warangal Urban District.

19.Katani Thirupathi Reddy, S/o Raji Reddy, H- No. 1-7-920. Advocates Colony, HANMAKONDA-506 001(T.S.), Warangal Urban District. ---5 r'- .4

20.Aroori Ramesh, M.L.A., H, No. 1-'1-374, Prashanthnagar, Kazipet, Warangal- 506 001 (T. S.). Warangal Urban District. (RR15 TO 20 are not necessary party in this WV.MP) ...RESPONDENTS/RESPONDENTS 1 TO 18 AND 20 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 order dt. 25-04-2017 passed in WPMP No. 14059 of 2017 inWP NO. 11322 of 2017 against the Respondents No. 19 and dismiss the Writ Petition as the Petitioner has not sought any relief or made allegations against the Respondents. Counsel for the Petitioner: SRt PATURU MADHUSUDAN KUMAR FOR SRI K.RAJANNA Counsel for the Counsel for the Counsel for the Respondent No.1: GP FOR GENERAL ADMINISTRATION Respondent No.2: GP FOR FORESTS Respondent Nos.3,5,8 & 9: SRI A.ANANTHASEN REDDY, GP FOR MINES AND GEOLOGY Counsel Cou nsel Cou nsel Counsel Cou nsel for the for the for the for the for the Respondent No.4: SRI T.V.RAMANA RAO, SC FOR TSPCB Respondent Nos.6,7 & 10: GP FOR REVENUE Respondent No.11: SRI R.VINOD REDDY, SC FOR TSSPDCL Respondent No.'12: GP FOR HOME Respondent Nos.13 & 16: SRI SATISH KUMAR VARMA FOR Counsel for the Counsel for the Counsel for the Counsel for the SRI DEEPAK MISRA Respondent No.'l 5: SRI SARANG AFZULPURKAR Respondent No.19: M/s. HERUR ASSOCIATES Respondent No.20: SRI N.ASHWANI KUMAR Respondent Nos.14,17 &'18: -- The Court made the following: ORDER ttl' THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON'BLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.11322 of 2OL7 ORDER.' (Per the Hon'ble the Chief Justice Atok Aradhe) Mr. Paturu Madhusudan Kumar, learned counsel representing Mr. K.Rajalna, learned counsel for the petitioner. Mr. A.Ananthasen Reddy, learned Government Pleader for Mines zrnd Geologr for respondent Nos.3, 5, 8 and 9. Mr. Satish Kumar Varma, learned counsel representing Mr. Deepak Misra, learned counsel for respondent Nos. 13 and 16.

2. Learned counsel for the petitioner reports no ln struc t.10n s

3. The Writ Petition is therefore dismissed lor rvant of prosecution. There sha-Il be no order as to costs. Miscellaneous applications, if any pending, shall stand clo sed //TRUE COPY// SD/-MOHD. ISMAIL T REGISTRAR ASSIST S CTION OFFICER To

1. One CC to SRI K.RAJANNA, Advocate [OPUC] 2. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUT]

3. Two CCs to GP FOR MINES AND GEOLOGY, High Court for the State of 4 Two CCs to GP FOR FORESTS, High Court for the State of Telangana, at Telangana, at Hyderabad. [OUT] Hyderacad [OUT] a&.7 Hyderabad. [OUTI of Telanqana, at HYderabad. [OUT]

5. fwo CCs to GP FOR HOME, High Court for the State of Telangana, at 6. Tft; Ccs to Gp FoR GENERAL ADMINISTRATION, High Cou( for the state 7. One CC-to SRI SA'RANG AFZULPURKAR, Advocate [OPUC] 8. One CC to SRI DEEPAK MISRA' Advocate [OPUC] g. One CC to M/s. HERUR ASSOCIATES, Advocate tOPqCl 10.One CC to SRI N.ASHWANI KUMAR' Advocate IOPUC] i i . One CC to SRI R.VINOD REDDY, SC FOR TSSPDCL [OPUC] 12.One CC to SRI T.V.RAMANA RAO, SC FOR TSPCB [OPUC] 13.Two CD CoPies PSK GJP HIGH COURT DATED:0710112025 ORDER WP.No.11322 of 2017 I I k -) u.\ thE s 14, t (-^ 01i\iix 2025 .1 ( : ) DISMISSING THE WRIT PETITION FOR NON PROSECUTION WITHOUT COSTS b)4