Gaddi Venkata Ramana vs The State Of Andhra Pradesh
2022 Latest Caselaw 2429 AP

            HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                         MAIN CASE No.W.P.No.13358 of 2022
                                     PROCEEDING SHEET

Sl.                                                                         Office
                                            ORDER

No DATE Note 2 06.05.2022 RRR, J It is the case of the petitioner that he is transporting legally excavated sand from the State of Odisha into Andhra Pradesh. The petitioner complains that the respondent No. 4 to 6, on the instructions of the respondents No. 2 & 3, are interfering with the transportation and movement of such legally excavated sand without any authority of law.

Sri Subodh, learned counsel for the petitioner would submit that this is in direct violation of the judgment of Hon'ble Supreme Court reported in the case of the State of Gujarat & ors Vs. Jayeshbhai Kanjibhai Kalathiya & ors1.

The Government Pleader for Mines & Geology, on instruction, submits that the respondents are not stopping the movements of sand across the State border. However, there have been cases where certain persons had been illegally excavating sand within the State of Andhra Pradesh in the border areas, and transporting the same under the guise of transporting sand from Orissa. He submits that in order to check such instances, the vehicles coming from Orissa are being checked and the documentation available with the lorry drivers transporting such sand are being checked.

(2019) 16 SCC 513

In the circumstances, there shall be an interim direction to the respondents not to stop the movement of legally excavated sand from the State of Odisha and into the State of Andhra Pradesh. However, they shall be entitled to verify the source of the sand and whether the documents produced by the person driving the vehicles or the persons demonstrate that claiming ownership of the sand it is legally excavated sand coming from the state of Odisha.

Post on 30.06.2022, for counter.

_________ RRR, J

BSM.