Farmers holding patta lands with sand de-casting permission challenged a Forest Range Officer's notice halting sand de-casting operations. The High Court, with consent of parties at admission stage, directed the respondent to consider their explanation dated 10.03.2025 and pass appropriate orders in accordance with law within ten days.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat Jurisdiction)
THURSDAY, THE TWENry FOURTH DAY OF APRIL . TWO THOUSAND AND TWENW FIVE
PRESENT
THE HONOURABLE SRI JUSTICE PULLA KARTHIK
WRIT PETI TION NO: 11377 0F 2025
Between:
...PET|T|ONERS
AND
...RESP.NDENT'
Petition under Article 226 of the Constitutionof lndia praying that in the circumstances stated in the affidavitfiled therewith,the Hlgh 'llourtmaybe pleased to issue a writ, direction or order moreparticularly one inthe natureof a Writ of Mandamus, declaring the Notice Rc.No.01/EN(S)12024-21'dated 05-03- 2025 issued by the respondent no.10, orderingto stop the de-casting of sand from the petitionerspatta lands, as beingillegal, arbitrary and violationol' Article14 and 300 A of the Constitution oflndia and consequentlyset aside the Notice Rc.No.01/EN(S)12024-25 dated 05-03-2025and further direct the respondentno.3 to extend the term of the agreement dated13-03-2024.
lA NO: 1 OF 2025
Petition undei'Section 151 CPCpraying that in thecircumstances statedin the affidavit filed in support of thepetition, the High Courtmay be pleased to suspend the Notice Rc.No.01/EN(S)12024-25 dated05-03-2025 issued by the respondent no.10,pending disposal of the above writpetition.
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Gounsel for the petitioner !;"'H:lrrrrilliffr,til!?t*r,+:fl"qgg1rr.^";. counsel forthe RespondentNoi.7 To 10: Gp,o^tou"a" The Court made the fottowing: ORDER
THE HON'BLESRI JUSTICEPULLAKARTHIK' -
WRIT PETITIONNo.LL377 OF 2025 .
ORDER:
With the consent ofboth the parties,this Writ Petitionis taken up for disposalat the admission stage itself'
Constitutionof llrdia,seeking the following relief
"., fo isslrea Lrit, direction or ordermore parlldtlartAonein the noture of o / oI Urio^u", an.io,'ingtLLe Notice Rc.No.Ol/EN(S)/2024'25 dated 05 03 2O25issLed b! in" ,.rooni.nt ro.ld,ordeing to stop the deaasting of sond Ironlthe petitbners Pdtta tands L bernn illegat,arbtttaryaid uiolation of Artble14 atd3OO A oJtle^Cormt tutlon i1 tiai" ""i aTseguentlg setaside the NoticeRc No 0l'/EN(S)/2o24'2sdated ds.oi.zOzs aLa trnhir rlticttherespondeftt no 3 to ertend thetemLaf the agre 'ment dated 13 O3.2t)2'4and Pass. "
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lss/B/AA/2, 92, Lss/B/A/t, 13s/B/AA/ 1, 144/C, 14s/A, 14s/8, 146/8, 746/ A, r47 /E, 118/B/1, 115/B/2, 128/AA, I18/B/3 arrd 12g /A of various extents situated at Eaturnaga.am Village and Mandal and permission was accorded to de_cast 1,13,318 cubic meters of sand from the above lands. Further, in accordance with the conditions laid down in agreement, dated 13.03.2024, roads were laid, machinery was produced and all the necessary infrastructure required for de_casting the sand from the above laads was developed. Subsequently, sand de_casting was commenced and respondent No.4 has opened onrine srots from May,; zoz+. However, due to early arrivar of monsoon in June, the sand'de-casting operations were stalled after casting 46,269 cubic meters of sand only, whereas the permitted quantity was 1,13,318 ;t cubii meters. Therefore, the petitioners have submitted a representation to respondent Nos.2 and 3 seeking to de_cast the balanie quantity of 66,145 cubic meters of sand from their patta lands from Og.Ol.2O2S to 13.03.2025. Therefore, respondent No.4 has started de-casting the sand operations from 03.03.2o25. However, respondent No. l0 issued the impugned notice, dated 05.03.2025, brdering to stop de_casting of sand from the petitioners' patta land and respondent No.4 has halted the sand de-citsting. Therefore, the petitioners have submitted a d,etailed expllnation, dated 10.O3.2025, to the notice, dated O5.O3.2O2S, to
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respondentNo. ilJ, byenclosingall therelevantdocuments' However, no actio nhas been taken by respondent No 10 so far' Therefore, learnerlcounsel prays this Court to direct resp'rndent No.1O to cgnsicter theexplanation,dated 10'032025, an'lpass appropriate orders,within a stipulatedperiod of time'
Miscellaner>uspetitions pending, if any, shall standclosed'
There shall beno crder as to costs
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HIGH COURT
DATED:2410412025
\ \ ORDER
WP.No.I1377ot 2025
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DISPOSINGOF THE WRIT PETITION WITHOUT COSTS
2 issues framed by the court
Whether the notice dated 05.03.2025 stopping de-casting of sand from the petitioners' patta lands was illegal and arbitrary?
Whether the Forest Range Officer should consider the petitioners' explanation dated 10.03.2025?
2 provisions across 2 enactments
Valasa Sadhanandam and 20 others (petitioners)
The State of Telangana, Rep. by its Principal Secretary, Mines and Geology Department
The District Level Sand Committee, Rep. by its Chairman-cum-District Collector, Mulugu
The Assistant Director of Mines and Geology, Mulugu
Telangana State Mineral Development Corporation Limited
The Forest Range Officer, Eturnagaram South Range, Mulugu District (Respondent No.10)
Pulla Karthik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
