IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE NINALA JAYASURYA
WRIT APPEAL No.305 of 2021
(Taken up through video conferencing)
Vuyyuri Veerraju S/o. Sri Ramachandra Rao,
Aged about 44 years, R/o. Door No.5-166,
Kuthukuluru-533264, Anaparthy Mandal,
East Godavari District and another.
.. Appellants
Versus
Nallamilli Ramakrishna Reddy S/o. Sri Moola Reddy,
Hindu, aged about 55 years, Occ: Business,
R/o. Ramavaram-533264, Anaparthy Mandal,
East Godavari District, and others.
.. Respondents.
Counsel for the appellants : Mr. N. Vijay
Counsel for respondent No.1 : Mr. A. Prabhakar Rao
Counsel for respondent Nos.2,3,6&7 : GP for Mines & Geology
Counsel for respondent No.4 : GP for Home
Counsel for respondent No.5 : Mr. S.M. Subhani, for
Ms. Gayathri Reddy
Counsel for respondent Nos.8 to 11 : GP for Revenue
ORAL JUDGMENT
Dt: 02.08.2021
(per Arup Kumar Goswami, CJ)
Heard Mr. N. Vijay, learned counsel for the appellants. Also heard Mr. A. Prabhakar Rao, learned counsel for respondent No.1/writ petitioner, Mr. K. Naveen Kumar, learned Government Pleader for Mines & Geology appearing for respondent Nos.2, 3, 6 & 7, Mr. V. Maheswara HCJ & NJS,J 2 W.A.No.305 of 2021 Reddy, learned Government Pleader for Home appearing for respondent No.4, Mr. S.M. Subhani, learned counsel appearing for respondent No.5, and Mr. P. Subash, learned Government Pleader for Revenue appearing for respondent Nos.8 to 11.
2. This appeal is preferred against the judgment dated 03.05.2021 passed by the learned single Judge in W.P.No.8384 of 2021.
3. By the aforesaid judgment, the writ petition filed by respondent No.1/writ petitioner was disposed of with the following directions:
"1) Respondent No.3 is directed to submit a copy of Enquiry Report along with enclosures (which is filed before this Court) to respondent No.1 within three (3) days from the date of receipt of a copy of this order.
2) Respondent No.1 shall examine the Enquiry
Report submitted by respondent No.3 and initiate
proceedings under the provisions of Mines and Minerals (Regulation and Development) Act, 1957 and A.P. Minor Mineral Concession Rules, 1966 to protect the public property, to save the public exchequer and to protect the environment.
3) Respondent No.1 shall initiate appropriate proceedings against the officers who are responsible for not taking timely action on the representations dated 6.7.2020, 18.12.2020, 20.2.2021 and 9.3.2021 submitted by the petitioner to protect the public property and thereby, causing loss to the public exchequer and environment in accordance with law.
HCJ & NJS,J 3 W.A.No.305 of 2021
4) Respondent No.1 shall complete the process to take action against wrong doers in the light of the Enquiry Report submitted by respondent No.3 within a period of three (3) months from the date of the receipt of a copy of the order by following the principles of natural justice."
4. It is alleged in the writ petition that there was inaction on the part of the authorities in stopping the illegal quarrying of gravel being carried out by the appellants/respondent Nos.11 and 12 beyond their leased areas, viz., an extent of Ac.6.14 cents in Sy.Nos.209/7, 209/8 and 209/9 and an extent of Ac.3.54 cents in Sy.No.209/17, 209/18 and 209/21, respectively, in G.Donthamuru Village, Rangampeta Mandal, East Godavari District.
5. Mr. N. Vijay, learned counsel for the appellants, submits that the learned single Judge had passed an interim order dated 16.04.2021 in I.A.No.2 of 2021 in the writ petition, directing respondent No.3 therein, i.e., the Director General (Vigilance and Enforcement), General Administration Department, State of Andhra Pradesh, to conduct an enquiry with regard to the alleged illegal quarrying operations being carried out by the appellants/respondent Nos.11 and 12 beyond their leased areas and to submit a report. Pursuant to the said interim order, an enquiry report was submitted before the Court and the said report has been made the basis for the order under challenge. In the said enquiry, certain irregularities were said to have been established against the appellants/respondent Nos.11 and 12. While pointing out that the enquiry was conducted behind the back of the appellants/respondent Nos.11 and HCJ & NJS,J 4 W.A.No.305 of 2021 12, learned counsel has contended that the appellants, being the lease- holders, ought to have been necessarily associated with the enquiry proceedings and failure to do so has resulted in violation of principles of natural justice. He submits that the ex parte enquiry has occasioned failure of justice and accordingly, any conclusion based on such enquiry report cannot be sustained in law.
6. Mr. A. Prabhakar Rao, learned counsel for respondent No.1/writ petitioner, acknowledges that the enquiry was not conducted in the presence of the appellants/respondent Nos.11 and 12 and, therefore, he submits that he would have no objection if the order of the learned single Judge is set aside and the authorities are directed to conduct a survey and enquiry in respect of the allegation regarding illegal quarrying of gravel being carried out by the appellants/respondent Nos.11 and 12, in the presence of the appellants/respondent Nos.11 and 12 as well as respondent No.1/writ petitioner. He has also submitted that a joint enquiry and survey may be conducted by the Assistant Director of Survey and Settlements, Rajamahendravaram, and the Deputy Director of Mines and Geology, Kakinada, East Godavari District.
7. Mr. K. Naveen Kumar, Mr. V. Maheswara Reddy, Mr. S.M. Subhani, and Mr. P. Subash have endorsed the submissions of Mr. A. Prabhakar Rao.
8. Though, initially, Mr. N. Vijay had expressed certain reservation with regard to permitting respondent No.1/writ petitioner to be present during the survey and enquiry, subsequently, he has also agreed to the course of action proposed by Mr. A. Prabhakar Rao.
HCJ & NJS,J 5 W.A.No.305 of 2021
9. Having regard to the nature of the allegations made against the appellants/respondent Nos.11 and 12 and in view of the agreement between the parties, we pass this consent order setting aside the judgment of the learned single Judge and directing that a joint survey and enquiry shall be conducted by the Assistant Director of Survey and Settlements, Rajamahendravaram, and the Deputy Director of Mines and Geology, Kakinada, East Godavari District, in connection with the allegation of illegal quarrying of gravel in the survey numbers as indicated supra, after giving notice to the appellants/respondent Nos.11 and 12 as well as respondent No.1/writ petitioner, and a report be submitted to respondent No.3 - Director of Mines and Geology, Ibrahimpatnam, Krishna District, within a period of two months. Based on the report to be submitted, the respondent No.3 will take such further action as may be called for.
10. With the above directions, the writ appeal is disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed.
ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J
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