Masipeddi Bhaskar Rao v. 1. The State of Telanqana and 8 others

7. The Tahasildar, Elkathurthy tt4andal, Hanumakonda District. 8. The Environmental Engrneer, Telangana State Pollution Control Board, Regional Office at H. No 1- 8- 269, Balasamudram, Hanumakonda District 9. M/s Raja Rajeshwara Stone Crusher,, Represented by its Proprietor Sri T. Madhava Rao (Lease holder), Elkathurthy Village and Mandal, Ft/o H. No. 2- 7- 321,Excise Colony, Hanumakonda City and District. ...RESPONOENTS Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit frled therewith, the High Court may be pleased to issue appropriate writ order or direction one in the nature of a writ of mandamus declaring the action of the respondent authorities in not considering the petitioners representation through hrs lawyer dated. 7. 11. 2022 to stop the animal , life, cattle, mining operations, quarry granite blasting and its stone crushing in Sy,No. 3g2, 39211 to the extent of the land admeasuring 12- o0 hectors and 3- 120 hectors situated in Gopalpur virlage, and for a common cause of their protection of s, agriculture, flora flaura and the fields, crops, passages from being damaged with falling of stones , borilders and stone dust, and continuation of such mining operations would cause danger to their health and life, and danger to their cattle, animals, flora flaura, and severe damage to their fields, agriculture, crops, and loss of agricultural eml,loyment and damage to the passages all over the surrounding areas in the Gopalpur Village and its neighboring Valbhapur village of Elkathurthy mandat of Harrumakonda district as unjust, illegal, unconstitutional as per Article 14,'19, 21 of th3 constitution of lndia and consequently direct the Respondent authorities to immr_,diately stop forthwith all ongoing and future mining operations, quarry granrte blasting and its stone crushing in sy.No. 392, 39211 to the extent of the ranc admeasuring 12-00 hectors and 3- 120 hectors situated in Gopalpur village anri terminate all leases that are involved in mining, quarry granite brasting and its stone crushing in Gopalpur village area for such a common cause of the villaoers. lA NO: 1 OF 2022 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 suspend all mining operations, quarry granite blasting. and rts slone crushing in Survey No. 392 and 39211 to the extent of the rane admear;uring 12- 0o hectors and 3- 120 hectors respectively situated in Goparpur Viflage of Elkathurthy lvlandal of Hanumakonda district pending disposal of thrs wr t petition. Counsel for the Petitioner: SRt JAGAN MOHAN PERUMANDLA Counsel for the Respondent No.1, 2,4 & S: Gp FOR MTNES AND GEOLOGY Counsel for the Respondent No.3, 6 & 7: Gp FOR REVENUT: Counsel for the Respondent No.B: SRI ZEESHAM ADNAN II|OHAMMED, Counsel for the Respondent No.9: SRI MADHUSUDHAN REDDy SC FOR PCB The Court made the following: ORDER I i I I THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION No,460E6 OF 2o22 ORDER Heard learned Counsel for the petitioner, learned Government Pleader for M incs and Geologr appearing for respondent Nos. I , 2 , 4 and 5, lc;trned Government Pleader for Revenue appearing for resporrclcrrt Nos.3,6 and 7, Sri Zeesharn Adnan Mohammed, learnecl Srirrrding Counsel for Pollution Control Board appearing lbr respondent No.8 and Srj Madhusudhan Reddy, Icarncd Counsel appearing on behalf of respondent No.9 and peruscd thc rccord.

2. This Writ Petition rs t'ilt:<l sccking a direction to the respondent authorlties to stop rn ir rrng/ quarrying operatior:rs and stone crushing by the 9't, r( s[)()n(l( nt rn Sy. No.392, 392/l to an extent of land admeasurLnq ll (l() Ilectares and 3.120 hectares situated in Gopalpur r,illitst. Dlkathurthy Mandal of Hanumakonda District, rn or'(lt i to proLect health and life, prevent and danger to thcir r::rltlt , :rnirnals, flora flaura and the helds, crops, passages l'rlrn trr'irr11 clamaged with falling of stones, boulders and stonr'rltrsl 7

3. On the Writ Petition being taken up for hearing, Iearned Counsel appearing on behalf of the petitioncr lt'ould fairly submit that in view of the statement made by thc ;'lr rcspondent and the 9th respondent by the counter-affidav its filctl ir.rto this Court, whereby it is stated that the 9rt respondent havirrg closcd all the quarries except the quarry which is srtLlatcd in S\r. No.392 / I to an extent of 3.12 hectares for w'hich thc zLuthorities have granted renewal of lease, the grievance of thc pctrtione r in the present Writ Petition stands redressed and th,' Writ l)ctition may be closed.

4. [,earned Government Plcader appearing orr lrt'half of respondents would submit that pursuant to (,)nrr'nrrnie ation rcceived lrom the;ph respondent, the authoritr, s Ir;rvc takcn action uide proceedings dated 22.02.2O24 ancl (l l('r'nrined thc quarry lease granted in favour of the gtl' respond( r)l to alr cxlcnt ol I2 hectares in Sy. No.392.

5. Learned Counsel appearing on behall ol " r, sl)ond(nt rvould submit that the said respondent had ()ur ol ilrr, r' tlLr, nc\ lcase possessed by it had already closed trrrr (lrLiirn(.s :rn(l is operating one quarry lease in respect ol 12 hccr,r -L s rr ltrt:lr hits bccn reneu,ed by the Str, respondent uide pro,,.t rlllrqs cLtted J

79.Oa.2O23 which is {ar away from the petitioner's village i.e., I I about 1.38 kms

6. Having regard to the submissions made as above, since the quarry being run by the 9th respondent within the precincts of the village having been closed, the grievance of the petitioner stands redressed and no lurther ordcrs are necessary.

7. Accordingly, the writ Petition is closcd. No costs. Miscellaneous petitions. il- atrr'. pe rlcling in the Writ Petition, shall stand closed. \ fo, //TRUE COPY' SD/-V.KAVITHA NT REGISTRAR IS ECTION OFFICER

1. One CC to SRI JAGAN MOHAN PERUN,{ANDLA. cate {OPUCI

2. One CC to SRI MADHUSUDHAN REDDY, Advocate {OPUCI One CC to SRI ZEESHAM ADNAN MOHAMMED, SC FOR pCB [OPUC] Two CCs to GP FOR MINES AND GEOLOGY, Hiqh Court for the State of Telangana at Hyderabad [OUT] 5. Two @s to GP FOR REVENUE High Court for the State of Telangana at

4. Hyderabad [OU!

6. Traro CD Copies BSR GJP w HIGH COURT ATED:2510212025 I -iHE S14 15 0ti iuil M i: 1(. ( n rrE9 -: ORDER WP.No.46086 of 2022 + -) o ( \ CLOSING THE WRIT PETITION, WITHOUT COSTS {