M/S. Vijaya Durga Adivasi Isuka Quarry Girijana Society v. the State of Andhra Pradesh

Andhra Pradesh HC20 Mar 2024WP/24719/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court, noting that respondents failed to file a counter affidavit, directed them to consider the petitioner's application dated 29.07.2023 regarding permission to sell sand and dispose of it within four weeks.

What did the court decide?

Directed respondents to consider application dated 29.07.2023 for sand sale and dispose of it within four weeks.

M/S. Vijaya Durga Adivasi Isuka… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction)

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THURSDAY, THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 24719 OF 2023

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Between:

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M/S. Vijaya Durga Adivasi Isuka Quarry Girijana Society,^Rep.by its President Thurpam Naresh S/o. Ramulu, aged 30 years, Ganapavaram Village, Kukkunuru Mandal, Eluru District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep.by its Principal Secretary Mines and Geology Department, Secretariate, Velagapudi, Guntur^District.

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Director of Mines and Geology, State of Andhra Pradesh.

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Deputy Director of Mines and Geology, Erstwile West^{GodavariDistrict,Eluru.}

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Assistant Director Mines and Geology, Eluru District

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not permitting the petitioner to sell the sand covered by grant issued in Letter No. 1661/SandMP/2019 dated 24.04.2023 by 3rd respondent as illegal, arbitrary and in violation of Article 14, 19(1)(g) of the Constitution of India and to consequently direct the respondents to grant necessary permission to the petitioner^{tosellthesandfrom} the sand reach covered by grant in Letter No. 1661/Sand-MP/2019 dated 24.04.2023.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to grant necessary permission to the petitioner to sell the sand by considering the representation dated 29.07.2023 pending disposal of the writ petition.

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Counsel for the Petitioner(s): SRI. V V SATISH Counsel for the Respondents 1 to 4 : GP FOR MINES AND^GEOLOGY The Court made the following: ORDER

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APHC010479542023

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[3233]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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THURSDAY ,THE TWENTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

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WRIT PETITION NO: 24719/2023

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Between:

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M/s. Vijaya Durga Adivasi Isuka Quarry Girijana Society ...PETITIONER

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:

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1.VVSATISH

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Counsel for the Respondent(S):

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1.GP FOR MINES AND GEOLOGY

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The Court made the following Order:

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Heard the learned counsel for the petitioner and the^learned Assistant Government Pleader for Mines and Geology for the respondents.

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In spite of giving number of adjournments for filing counters by the respondents on 09.11.2023, 30.11.2023, 14.12.2023, 28.12.2023, 25.01.2024, 01.02.2024 and 29.02.2024 no counter affidavit^isfiled

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SO far by the respondents. Hence, proceeded with the matter for i disposal.

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This writ petition is filed questioning the action of the respondents in not permitting the petitioner to sell the sand covered by the grant issued in Letter No.l661/Sand-MP/2019 dated 24.04.2023 of the 3''^ respondent.

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The learned counsel for the petitioner submits that, the petitioner was given permission to carry sand operations under degraded sand policy by the 3rd respondent vide Letter No. 1661/SandMP/2019 dated 24.04.2023. In the said letter dated 24.04.2023, the details of one (01) open sand reach and their statutory^clearances are mentioned and all the statutory clearances to the above said one (01) open sand reaches were given to the petitioner to carry^outthesand operations as per the terms and conditions prescribed by the ' Government from time to time. Accordingly, the petitioner^excavated the sand to an extent of 25,000 cubic meters and it is lying at the above said point. For the purpose of transportation and sale of the same, the petitioner made application dated 29.07.2023 to the 3''d respondent. But the same is not considered so far.

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On the other hand, the learned Assistant Government Pleader for Mines and Geology submits that the application submitted by the

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petitioner dated 29.07.2023 will be dealt with by the respondent by following the due procedure.

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In view of the above said facts and circumstances, the respondent is directed to consider and dispose of the application of the petitioner dated 29.07.2023 strictly in accordance with law as expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of this order, by hearing all the parties concerned including the petitioner and upon verification^oftherecords of the subject area, appropriate decision shall be^takenon it’s own merits.

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Accordingly, this Writ Petition is disposed of. There^shallbeno order as to costs.

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As a sequel. Miscellaneous Petitions pending, if any,^shallstand closed.

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SD/- SHAIK MOHD. RAFI ASSISTAN^REGISTRAR

//TRUE COPY//

SECTION OFFICER

To.

The Principal Secretary, Mines and Geology Department,^{StateofAndhra} Pradesh, Secretariate, Velagapudi, Guntur District.

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.2. Director of Mines and Geology, State of Andhra^Pradesh. 3. Deputy Director of Mines and Geology, Erstwile West Godavari District, Eluru. 4. Assistant Director Mines and Geology, Eluru District 5. One CC to SRI. VV SATISH Advocate [OPUC] 6. Two CCs to GP for MINES AND GEOLOGY, High Court^{ofAndhraPradesh.} [OUT]

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Three CD Copies

Madhu MBT

. HIGH COURT

DATED: 21/03/2024

ORDER

WP.No.24719of2023

DISPOSING THE WP WITHOUT COSTS

M/S. Vijaya Durga Adivasi Isuka Quarry Girijana Society v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/S. Vijaya Durga Adivasi Isuka Quarry Girijana Society v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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