High Court · 2025

Judgment

1. T.elangana _State Mineral Development corporation Limited, ReD. bv its !Y..rlrp,.ng . Director, Having its office at H[,rwsse pffid;s;'Zih -ii*r, Khairtabad, Hyderabad. ...PETITIONER

2. flojgct .Q{i-""t Telangana State Mineral Development Corporation Limited, - -'-r- Bhadradri-Kothagudeni District ...RES'.NDENTS

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 an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not permitting the vehicles carrying sand from the State of Maharashtra hto the State of Telangana as being illegal, arbitrary, irrational, without authority of law and in violation of Article 301 of the Constitution of lndia and consequentty restrain the Respondents from interfering with the transportation of sand by the Petitioner from the State of Maharashtra into the State of Telangana through Kaleswaram Village, Mahadevpur Mandal, Jayashankar Bhoopalapally District as well as from Yesgi of Nanded District entering at Saloora lntegrated check post, Nizamabad District by providing access to ontine portal for payment of regulating charges at Rs.200 per cubic meter. f t \+ * + 't ,$ ,+ I ,+ * * * + q* I 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 Respondents to provide online access for payment of regulating charges at Rs. 200 per cubic meter for a quantity of 5000 tonns per day to enable the petitioner to transport the sand from Maharashtra, Chhattisgarh States into Telangana through Kaleswaram of Jaishankar Bhupalpally District and Saloora of Nizamabad District by lorries forthwith, pending disposal of the present Writ Petition. I ffI i, I : i Counsel for the Petitioner: SRI K.DURGA PRASAD Counsel for the Respondents: SRI MUMMANENI SRINIVASA RAO, SC FOR TSMDCL The Court made the following: ORDER ;r ; i l+ + {f i * + + i I + I # THE HON'BLE SRI JI.'STICE NAGESH BHEEMAPANA WRIT PETITIoN No.21728 OF 2O25 ORDER:- 1. This Writ Petition is filed seeking an order in the nature of Writ of Martdamus declaring the action of respondents in not permitting the vehicles of the petitioner in carrying sand from the State of Maharashtra into the State of Telangana, as illegal and arbitrary and consequently to restrain the respondents from interfering with the transportation of sand by the petitioner from the State of Maharashtra into the State of Telangana through Kaleswaram Village, Mahadevpur Mandal, Jayashankar Bhoopalapally District as well as from Yesgi of Nanded District entering at Saloora Integrated check post, Nizamabad District by providing access to online portal for payment of regulating charges @ Rs.2OO /- per cubic meter.

2. Heard Sri K.Durga Prasad, learned counsel for the petitioner as well as Sri Mummineni Srinivasa Rao, learned Standing Counsel for TSMDCL representing the respondents. Perused the record.

3. The case of the petitioner in brief is that the petitioner is a transport contractor and is supplying sand from Maharashtra and Chattisgarh to the State of Telangana under valid way bills obtained from the Government of Maharashtra. The petitioner is quarrying the same from licensed sand quarry at Arada Village of 2 NBKJ W.P.No.21728_2025 Sironcha Taluq, Gadchiroli Diskict of Maharashtra State. The petitioner has already paid the entire seigniorage fees and GST to the State and Central Governments at Gadchiroli. It is further stated that there is no law made by the Government of Telangana imposing restrictions on movement of sand from one State to other State or into Telangana or any exclusive instruction on policy directives. It is further stated that this Court in W.P.Nos.lI722 and I 1744 of 2OL2 granted orders directing the authorities not to interfere with the transportation of sand from Maharashtra if they possess valid permits. In the present case, the respondents are interfering with the transportation of sand from the State of Maharashtra to the State of Telangana thror:gh Kaleswaram Village, Mahadevpur Mandal, Jayashankar Bhoopalapally District and are stopping the vehicles without issuing any written orders. Due to heavy rains in Telangana State, sand operations in Telangana were reduced drastically. Hence, the petitioner along with others approached the lst respondent and r:equested him to permit the other state vehicle to transport the sand through Kaleshwaram and Eturunagaram, but the lst respondent did not respond to the same and is not providing access for online booking for other state vehicles. It is further stated that as per Government conditions, any other state vehicle coming into the State of Telanganzr carrying sand has to pay Rs.2OO/- per ton towards I I I i ; I : : . 3 NBI<J w.P.No.2l728_n25 handling charges. When the petitioner is ready to pay the charges, the lst respondent has no power to stop the vehicles. But unfortunately, the lst respondent is not responding to facilitate online booking system for other state vehicles for the reasons best known to him. Since tlre online booking system is not provided to the petitioner, he is forced to approach this Hon'ble Court and to file the present Writ Petition.

4. Learned counsel for the petitioner submits that as per Article 3O4 of the Constittrtion of India, tlre State legislature is entitled to make law imposing conditions on goods imported from other states by fixing ta:r to the goods manufactured or produced in that State subject to reasonable restrictions on the freedom of trade, commerce or intercourse in tJee public interest. There is no lawor any exclusive instrtrction or policy directives made by the Govemment of Telangana imposing restrictions on movement of sand from one State to other State or into the Telangana. If any such order is to be passed by the State Government it should take prior consent of the President of India. In the instant case, the respondents, without arry consent, interfering with the petitioner in transportationof sand from Maharashtra to State of Telangana through Kaleswaram Village, Mahadevpur Mandal, Jayshankar Bhoopalapally District, for having paid necessary tax and seigniorage fee and having obtained valid permit from Maharashtra 4 WP,t lo,2lnt_2o25 State, which is illegal and arbitrary and therefore prayed to direct the respondents not to intercept the vehicles of the petitioner having necessary permits and valid documents disclosing payment of taxes.

5. On the other hand, the learned Standing Counsel for respondent No.l has frled a detailed counter stating that the Telangana Government is allowing interstate sand transporters to the State of Telangana as per the bobkings made through its oflicial portal (Sand Sales Monitoring and Management System). Further it is also stated that the National Green Tribunal in its judgment in M.A.Nos.47 a of 2016, 4,79 of 2OL6 and 23O of 2Ot7 in O.A.No.S16 of 2015 has categorically directed the Government of Andhra Pradesh and Telangana to create website for movement of sand vehicles transportation in the states. As such, maintainingof website of Sand Sales Monitoring and Management System (SSMMS) by the Government of Telangana is in conformit5r with the NGT directions and hence, the petitioner cannot question the operation of SSMMS by ttre Government of Telangana and he has to follow the payment of regulating charges through onlineportal to make movement of sand lorries in the State of Telangana.Further, it is also stated that when the petitioner is intending to transport sand into or through the State of Telangana from other states, he is required to approach the office of Telangana State Mineral -/ \ 5 N,J w.PNo.?1720-m25 Development Corporation (TSMDC) and submit a formal application for interstate sand transportation which must be accompanied by alt mandatory statutory documents. But in the instant case, there is no such application rnade by the petitioner to the oflice of TSMDC and without submitting proper application along with necessary stattrtory documents, the TSMDC cannot grant permission for interstate sand transportation. Despite having knowledge about the same, the petitioner failed to comply the mandatory requirements and directly approached this Honble Court and filed the Writ Petition to exert pressure on the authorities. Hence, prayed to dismiss the writ Petition.

6. As seen from the record, it is evident that the Government of Telangana never obstnrcted interstate sand transportation, but imposed reasonable restrictions in approaching the office of the Telangana State Mineral Development Corporation (TSMDC) and submitting a formal application for interstate sand transportation which should accompany all mandatory statutory documents' upon receipt of complete application, the TSMDC shall issue an ofhcial waybitl authorizing transportationof sand; it shall facilitate the opening of a designated check-post if required and it shall depute staff to the check-post to monitor sand rnovement and ensure compliance with legal nonns thereby preventing illegal sand mining and transportation. In the instant case, the petitioner \ \ I 6 -i NAK,J W.P.No.2172E_n25 having proper knowledge about the said procedure, failed to follow the same and invoked the Writ jurisdiction which is illegal and unjust. Hence, this Court is not inclined to grant any relief as prayed for by the petitioner and deems fit and proper to dispose of the Writ Petition with certain observations.

7. In view of the foregoing discussion, the Writ Petition is disposed of directing the petitioner to submit an application to TSMDC along with all statutory documents viz., . Valid Mineral Dealer License (MDL) o District Collector's proceedings of the originating state . Permission from the Additional Director of Mines and Geologr o Detzrils of the authorised legal transportation serwice provider o Details of the allotted sand quality for transportation. and uporl receiving such application, the respondents shall consider the same and pass appropriate orders in accordance with law.

8. Misc:ellaneous petitions, pending if any, shall stand closed. There shall be no order as to costs. / ,/TRUE COPY" SD'.U. SUDHA ASSISTANT REGISTRAR 6 SECTION OFFICER To, s 1 The Managing Director, Telangana State Mineral Development Corporation iirit.o, ffi;i;s iti-otrice-ii iiuWSSe premlses, 4th'Floor, Khairtabad, Hyderabad

2. The project Officer, Telangana State Mineral Development Corporation Limited, Bhadradri-Kothagudem District-

3. One CC to SRI K DURGA PRASAD, Advocate [OPUC] 4. one cc to sRl MUMMANENI SRINIVASA RAO, SC FOR TSMDCL IOPUC] Two CD CoPies r>ct) *' I ;:,, ;i i I I IIr I l: '-\ # t #- 't * + * f '+ * * f f ,'t.f e '+ # f # a f + q.. '4 4 l 4i HIGH COURT DATED i1110812025 / , I ORDER WP.No.21728 of 2025 03 L:i ?0?5 .+ DISPOSING OF THE WRIT PETlTlON, WITHOUT COSTS \\ o