Rep. by its President v. Dhanalakshmi

tvl/s. Sri Bheemeshwara Girijanalsuka Quarry Labour Contract lMutually Aided Cooperative Society Ltd., Tekulagudem(G. P) Wazeedu [\ilandal Mulugu District, TS (Regn No. Rc. No. TS/MUL/MACSl2023-110fH, under TCS Act, 1964 Dated 25-03-2023), Rep. by its President, V. Dhanalakshmi ...PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary - lndustry and Commerce Department, Secretariat, Hyderabad

2. The District Level Sand Committee, Rep. by its Chairman and District Collector, Mulugu District, Telangana State.

3. I\I/s. Telangana State Mineral Development Corporation Ltd, Rep. by its Vice Chairman and Managing Director, Khairatabad, Hyderabad

4. The Asst. Director, Mines and Geology Department, [\4ulugu District, Telangana State.

5. The District Forest Officer, Mulugu District ...RESPONDENTS 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 Writ, order or orders or direction more particularly one in the nature of writ of mandamus, declaring the action of the respondents, more particularly, the 2nd respondent in not issuing in-principle and final allotment proceedings for Excavation of sand from the specified sand bearing areas, i.e., Tekulagudem, Wazeedu Mandal, Mulugu District, Telangana State in favour of the Petitioner's society is being arbitrary, illegal, perverse, contrary to the law laid down by the Hon'ble Apex Court daled 2610412023 in writ petition being W.P. (Civil) No. 2O2 of 1995, lN RE T.N. Godavarman Thirumulpad vs. Union of lndia and others, besides being violation of Article 1 4, 19(g), 21 and 300-4 of the coristitution of lndia and consequenfly direct the 2nd respondent to forthwith, issue in-principle and Final allotment proceedings in favour of the petitioner without reference to the Sth respondent Proceedings Rc.No.62BlMD6lrot2o21 , dated 0811112023 by duly taking into consideration of the petitioner,s representation dated 021 1 21 2024. 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 pteased to direct the 2nd respondent, to forthwith, issue ln-principle and Final Allotment Proceedings for Excavation of sand from the specified sand bearing areas of Tekulagudem,Wazeedu Mandal, Mulugu District, Telangana State in the Godavari River without reference to the sth respondent proceedings Rc. No. 628lMDolrol2021, dated 0811112023 duly taking into consideration of the petitioner's representation dated 021 I 21 2024. Counsel for the Petitioner: SRI SYED AZMATULLAH Counsel for the Respondent Nos.1.2 and 4: AGp FOR MINES AND GEOLOGY Counsel forthe Respondent No.3: SRI B. RAMULU, SC Counsel for the Respondent No.S: SRI y. RANDHEER, AGp FOR FORESTS The Court made the following: ORDER I I THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA WRIT PETITION NO.389 OF 2025 Mr. Syed Azmatullal, iearned counsel for the petitioner. Mr. K.Gowthafn Reddy, learned Assistant Government Pleader for Mines al-rd Geologr appearing for the respondent Nos. 1, 2 and 4. Mr. Sri B. Ramulu, iearned Standing Counsel for the respondent No.3. Mr. Y. Randheer, learned Assistant Government Pleader for Forests appearing for the respondent No.5. ORDER: The only prayer in the writ petition is for a direction on the respondents to consider the representation made by the petitioner on 02.72.2024 for principle allotment of Sand Bearing Area at Tekulagudem Village, Wazeedu Mandal, Mulugu District.

2. According to learned counsel appearing for the petitioner, the petitioner-Society seeks to make a liveli-hood from de-casting of sands from the particular area in Mulugu District. However, even according to the petitioner's own document dated

08.11.2023 issued by the Forest Department, Government of Telangana, the particular area has been classified as an "Eco-Sensitive Zone" (ESZ).

3. The petitioner has not been able to show any right as to how the petitioner is entitled to de-cast the sand from the land 2 of other pattadars or any existing arrangement by which the petitioner is doing so.

4. The learned Assistant Government Pleader for Forests as well as the learned Government Pleader for Mines submit that there are several Government Notihcations/Circulars regulating the process of de-casting of sand from certain areas inciuding ESZ.

5. After hearing learned counsel, this Court is of the view that the Writ Court cannot give any relief to the petitioner also in view of the representation dated 02.72.2O24 which is incomplete and does not reflect any specilic demand. The respondent-authorities would be the most suitable persons to dispose of the writ petition with regard to the Records and Cjrculars which are in their possession.

6. W.P.No.389 of 2O25 is accordingly disposed of by directing the respondent No.2/The District Level Sald Committee to consider the representation dated 02.12.2024 or any fresh representation given by the petitioner within a period of 4 weeks from the date of receipt of the representation from the petitioner. The respondent No.2 shall give an opportunit5r of personal hearing to the representatives of the petitioner and pass a reasoned order, a copy of which shall be made available 3 to the petitioner within 7 days from the date on which the reasoned order is passed. The respondent No.2 shall be at liberty of taking the Reports filed by the respondent No.S/District Forest Officer, Muiugu District, into consideration before passing the reasoned order.

7. Interim orders, if any, shall stand vacated and a1l connected appiications are disposed of. There shall be no order as to costs. SD/.P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR //TRUE COPY// S N OFFICER Mulugu District, Telanaana State The State bf Telangana. HYderabad To,'1. The Principal Secretary - lndustry and Commerce Department' Secretariat' 2. iii; cilir;ininobisriict'coilector, The District Level sand committee, 3. The Vice chairman uir"Jntiniglng Director, M/s. Telangana state Mineral " oei"lop-rlni Coiporation Ltd,kh-airatabad, Hyderabad 4 ih'; A;!i. Direitoi, rulnes and Geologv Depariment, Mulugu District' . The D'istrict Forest Officer, tvlulugu District . One CC to Sri Syed Azmatullah, Advocate loiuul . . iil CC.-I"-cCiorvtines Ano ceotogy, High Couri for the State of Telanoana. at Hvderabad [OUT] . one iC to Sri B. Ramulu, SCIOPUCI . i;; aa io irre-e p for Foresti, High bourt for the State of Telangana' at Telanoana State. o 7 B o E HyderabadlOUTl 10.Two CD CoPies TJ BS *?, \ \ HIGH COURT DATED:0710112025 ORDER WP.No.389 of 2025 9 S'i.\ it q i) J, 07 f.r0 2ii25 .\ .a- *' Despaic DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ l* l' I