D. Narayana Rao v. The State Of Telangana
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[ 3302 ] HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 46600 OF 2022 Between:
D. Narayana Rao, S/o. D. Hanumantha Rao, aged 50 Years, Fl/o. Flat No 404, Feel well towers, Khaleelwadi, Nizamabad, Nizamabad District. ..PETITIONER AND 1- The State of Telangana, Rep. by its Principal Secretary, Mines, Secretariat, Hyderabad.
2. The District Collector, Nizamabad, Nizamabad District.
3. Deputy Director, Mines and Geology, State of Telangana, Nizamabad.
4. Asst Director, N/ines and Geology Nizamabad, Nizamabad District.
5. Tahsildar, Nizamabad Rural Mandal Nizamabad. ...RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or directlon more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not finalizing the grant of temporary permit for excavation of gravel in an extent of Acers 3.00 in Sy. No. 8301217 of Sirpur Village, Mugpal Mandal, Nizamabad District as null, void, illegal, arbitrary and consequently direct the respondents to issue temporary permit for excavation and transportation of gravel to the petitioner in his patta land in Sy.No. 8301217 of Sirpur Village, Mugpal Mandal, Nizamabad District.
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 direct the respondents to dispose the application dated .13.06.2022 of the petition,-.r for lemporary permit for gravel in patta land in Sy.No. g3Ol217 of Sirpur Village, Mugpal Mandal, Nizamabad District forthwith, pending disposal of ihe Writ Pelition.
Counsel for the Petitioner: SRt K. DURGA PRASAD Counsel for Respondent Nos.'1,3 & 4: GP FOR MINES & cEOLOGY Counsel for Respondent Nos.2 & 5: GP FOR REVENUE The Cou,rt made the following: ORDER ):
THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.466OO OF 2o22 ORDER:
This Writ petition is filed with the following relief: "....lo issue an order, direction, utrit, order or directiott, more particularly on in the nahtre of Wit Mandamus declaing action of the respondents in not finalizing the gront of temporary permit for excauation of grauel in an extent of Ac.3.O0 in Sy.1[o.830 of 2O17 of Sirpur Village, Mugpal Mandal, Nizamabad Distict as null and uoid, illegal, arbitrary and consequentlg direct tLrc respondents to issue temporary pennit fo, excauation and transpoftation oration of grauel to the land of tlLe petitioner . . . . . . "
2. Heard Sri K.Durga Prasad, learned Counsel for the petitioner and learned Government Pleader for Mining and Geolo$/, appearing for respondent No.1, 3 and 4 and the Government Pleader for Revenue, appea,ring for the respondent Nos.2 and 5. With the consent of both parties, the Writ Petition is disposed of at the stage of admission itself.
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KS,J W P No 46600 af 2022
3. The learned Counsel for the petitioner submits that the petitioner is the owner and pattadar of zrgricultural land to an extent of Ac.3.O0 Guntas in Sy.No.83O/2017 situated at Sirpur Vi1lage, Mugpal Mandal, Nizamabad District and he was a-1so issued with Digitalized Pattadar Pass book in respect of the said land. As there is huge quantity of gravel in the land, in order to develop the subject land, the petitioner made an application to the 4th resp,ondent on 13.06.2022 requesting to grant temporary permit for exploration and transportation of gravei from the subject land, for a period of sixty days. Basing on the letter submitted by the petitioner, the 4th respondent addressed a letter to the Sth respondent on 15.06.2022 and directed to send a report and No-Objection Certificate along with geo-coordinates and recommendations over the subject area for grant of temporary permit. However, even after lapse of six \ moqfhs, the respondents-ar-rthorities did not grant
KS, J W.P.No.46600 of 2022 temporary permit as sought for by him, and requested to allow the writ petition.
4. The learned Assistant Government pleaders appearing for respondents submit that the authorities will dispose of the application filed by the petitioner in due course.
5. In view of the submissions made by both the sides, this writ petition is disposed of directing the respondent-authorities to dispose of the representation filed by the petitioner on 13.06.2022 wtthin two (2) weeks from the date of receipt of copy of this order. 6.
Pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs. Sd/. MOHD.SANAULLAH ANSARI //rRUE COpy// ASS|STANT REGTSTRAR I g/ To, sEcTloN oFFtcER
1. The Principal Secretary,. Mines, Secretanat, State of Telangana, Hvderabad.
2. The District coilector, Nirrrio"o, Nirirl'oJo't]strtct
3. The Deputy Direcror. Mines lla <i;r.,i'v, stli#r Tetangana, Nizamabad.
4. The Asst Director. lrlines and cg9t9g/"Niil";i.;"or"o, t tizrrroad District.
5. The Tahsitdar, Nizamabad Rrrrt Mr7,'d;i,TiiZ#uO.A.
6. one CC to SRt K DURGA eRASAD A;;;.1t""'fo'puct
7. Iqo CCs to the Gp for rVines & b";i,j;y, ii;; Eourt ror the State of Telangana. [OUT]
3. IWB 3:r: B",|BS, for Revenue, Hish court for the state of reransana [oUr] MRq.
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HIGH COURT DAI-ED:301,,1212022 CC TODAY STAt-€ ( il} o \ c-, r 2 jrtl ?s8 i - t; ,// t:.t11.),y'
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ORDER
WP.No.46600 of 2022 -::-:5;
DISPOSING OF THE WRIT PETITION WITHOUT COSTS /2--..
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