T.Seetha Mahalakshmi v. The State Of Andhra Pradesh

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT PUBLIC INTEREST LITIGATION No. 261 OF 2015 Date: 27.11.2015 Between:

T. Seetha Mahalakshmi.

... Petitioner And The State of A.P., rep., by its Principal Secretary, Industries & Commerce (Mines) Department, Hyderabad & others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT PUBLIC INTEREST LITIGATION No. 261 OF 2015

PC: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard learned counsel for the parties.

Learned counsel for the parties have agreed for the order that we propose to pass. Hence, we are not recording any reasons as such for disposal of the instant public interest litigation.

Respondent No.8 shall not de-cast the sand from his land admeasuring Ac.17.76 cents situated in Sy.Nos.53, 54 and 55 of L.Gannavaram Village, P.Gannavaram Mandal, East Godavari District, on the basis of initial permission granted vide order, dated 22.01.2014, or on the basis of Memo, dated 25.11.2014. In other words, he shall not carry out any quarry operation in his land on the basis of the aforementioned permissions. This, however, shall not preclude respondent No.8 from approaching the concerned authority for seeking fresh permission to de-cast the sand from subject land. If respondent No.

8 approaches concerned authority for seeking such permission within a period of ten days from today, the concerned authority shall decide his application on merits in accordance with law, as expeditiously as possible and preferably within a period of six weeks from the date of receipt of the application. Validity of Clearance from the State Level Environment Impact Assessment Authority (SLEIAA) shall be examined, if the authorities are inclined to grant permission for de-casting sand. With these observations, writ petition is disposed of. Miscellaneous petitions, if any, shall also stand disposed of.

_________________________ DILIP B. BHOSALE, ACJ ________________________ S.V. BHATT, J Date: 27.11.2015 ES