Ravuri Ravi Kumar And 2 Others v. The State Of Telangana And 3 Others

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.23055 OF 2019 Date: 09.12.2019 Between:

Ravuri Ravi Kumar S/o.Krishna Murthy, Aged about 49 yrs, Occu : Cultivation, R/o.H.No.2-12, Pinapaka Patti Nagar, Burgampadu Mandal, Bhadradri Kothagudem District & others.

.....Petitioners And The State of Telangana, Rep., by its Principal Secretary, Mines and Geology, Secretariat, Hyderabad & others.

.....Respondents The Court made the following:

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.23055 OF 2019 ORDER:

When the matter was called on 02.12.2019, there was no representation on behalf of the petitioners. Therefore, the matter was directed to be listed under the caption for dismissal on 09.12.2019.

2.

Today also, when the matter is called, there is no representation on behalf of the petitioners.

3.

This writ petition is filed praying to grant the following relief :

"..... declaring the action of the respondent No.2 to 4 in allowing the unauthorized ramp adjacent to the Rangapuram Bridge on Kinnerasani Vagu, Palvoncha Mandal, Bhadradri Kothagudem District, by allowing excavation of sand through unauthorized ramp causing de-casting of sand damaging the petitioners agriculture land in Sy.No.3/2, 3/5, 3/13, admeasuring Ac.5-05 guntas, Ac.1-18 guntas and Ac.5-02 guntas at Rangapuram Village, Palvoncha Mandal, Bhadradri Kothagudem District as illegal, arbitrary, unconstitutional and contrary to the rules framed under minor minerals rules and consequently direct the Respondents not to allow any excavation of sand at the above mentioned land under the bridge by preventing the transportation of sand without considering the hardship caused to the petitioners crops and to pass ...."

4.

Having regard to the respective contentions urged, on 11.11.2019, this Court issued the following directions : "The Assistant Director of Mines and Geology-4th respondent is directed to conduct field inspection and find out whether excavation of sand is taken up beyond the reach earmarked for the purpose, under the bridge across the river and whether ramp was constructed illegally. Further whether the activities undertaken by the licencees are affecting the lands of petitioners in any manner and file a report before this Court by the next date of hearing."

- 3 - 5.

In accordance with the directions issued by this Court, inspection was conducted and the Assistant Director of Mines and Geology submitted the report prepared by him on 30.11.2019. The joint inspection team comprising of revenue, Ground water, Mines and Geology Department officials and the Tahsildar, Palvoncha Mandal, conducted inspection on 29.11.2019. A copy of the joint inspection report is produced. Along with the report, sketch is also enclosed. 6.

The joint inspection report reads as under :

"1.

The excavation of sand is being taken up 600 mts from the bridge (Palvancha to Bhadrachalam) and existing ground water structure.

2.

The Sand Ramp is formed as per government norms duly approved by the district sand management society under chairmanship of the district collector vide letter:391/sandTaxi/2018 dated 27.07.2019 for the public purpose and managed by the District Sand Management Society. 3.

The excavation of sand in the sand reach is not effected the petitioners land in any Manner, the petitioner land is 3/2, the sand excavation area is no where concerned of the petitioner and no damages to his land. (The detailed location sketch is enclosed).

4.

During inspection, it was revealed by revenue authorities that the transfer of this land to writ petitioner under violations of POT Act, 1977 and LTR 1/70." 7.

In view thereof, the Writ Petition is dismissed. Pending miscellaneous petitions, if any, shall stand closed. ___________________ P.NAVEEN RAO, J 9th December, 2019 Rds