The Public Interest Litigation declining to pass any further order as sand quarrying business was stopped by the Supreme Court; disposal directs parties to act per Supreme Court orders.
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HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
PIL NO.12 OF 2012
Dt: 03-10-2012.
Between: GAJJALA GOPINATH REDDY AND ANOTHER .. PETITIONERS
AND
THE STATE OF A.P., REP. BY SECRETARY, DEPARTMENT OF MINES AND GEOLOGY, SECRETARIAT, HYDERABAD AND OTHERS .. RESPONDENTS
HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
PUBLIC INTEREST LITIGATION NO.12 OF 2012
ORDER: (Per THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE)
This writ petition is filed by the writ petitioners under the Public Interest jurisdiction praying to issue a Writ of Mandamus declaring the action of the respondents in granting a sand quarry lease to the 9th respondent herein in respect of the sand deposits in Komurunipalle Sand Reach – 01, Nandalur Mandal, YSR District despite the resolution of the District Level Sand Committee, dated 24.6.2011 as arbitrary and illegal and consequently to set aside the same and direct the respondents not to proceed with the auction of the sand quarry rights in respect of the sand deposits in Komurunipalle Sand Reach – 01, Nandaluru Mandal, YSR District.
Heard learned counsel appearing for the parties and perused the record.
On 03.09.2012 this Court has passed the following order:
“ It is submitted by learned counsel for the 9th respondent that pursuant to the orders passed by the Supreme Court all sand quarry operations have been stopped and an order was also passed by the Division Bench of this Court on 12.1.2012. In view of that it is submitted that he has not taken any steps in the matter in question excepting that he would take steps in accordance with the provisions of law for applying for sand quarrying, after the environmental authorities allow him to carryon the business.
In view of the above, no order needs to be passed at this stage. Post after three weeks.”
In terms of our above order passed on 03.09.2012 and since there is no sand quarrying business which has already been stopped by the Supreme Court, we do not intend to pass any further order in the matter in question. Whatever steps are to be taken should be taken in terms of the order of the Supreme Court.
Accordingly, this Public Interest Litigation is disposed of on the above terms.
( PINAKI CHANDRA GHOSE, ACJ )
Dt: 03-10-2012.
( VILAS V.AFZULPURKAR, J )
TNB
Gajjala Gopinath Reddy and Another
The State of A.P., Rep. by Secret,, Deptt. of Mines & Geology & Others
Pinaki Chandra Ghose
Vilas V. Afzulpurkar
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
