Bheemidi Srinivas Reddy vs The State Of Ap
2023 Latest Caselaw 2937 AP

            THE HON'BLE SRI JUSTICE K. SURESH REDDY

                    WRIT PETITION No. 7397 OF 2023



ORDER:

Questioning the action of the respondents in not

permitting the petitioner to transport sand from G. Atmakuru

Sand Reach to Choutuppal, where the petitioner is

constructing his house in spite of granting waybill, dated

09.03.2023 as illegal and arbitrary, the present Writ Petition

is filed.

2. Heard Sri P. Durga Prasad, learned counsel for the

petitioner, and Sri. K. Naveen Kumar, learned Government

Pleader for Mines and Geology.

3. The grievance of the petitioner in the present Writ

Petition is that the petitioner purchased sand from

G. Atmakuru Sand Reach weighing 35 MT sand and was

transporting the same in his Lorry bearing registration No.

TS 30 TA 2346 on 09.03.2023. When the petitioner was

transporting the sand, the officials under Check Post stopped

the Vehicle and stated that as per Rule 9-P of the Andhra

Pradesh Mines and Mineral Concession Rules, 1966 (for short

'1966 Rules'), there is a ban of interstate transportation of

sand. It is the said action of the respondents which is

impugned in the present Writ Petition.

4. The learned counsel for the petitioner placed reliance on

the judgment of Hon'ble Supreme Court in State of Gujarat

and others Etc., Vs Jayeshbhai Kanjibhai Kalathiya Etc.1,

wherein it is held that State Governments cannot restrict the

movement of transportation of sand from one State to another

State, which is contrary to Article 301 of the Constitution of

India. On the other hand, the learned Government Pleader

vehemently opposed the Writ Petition stating that, in view of

the ban imposed as per Rule 9-P of 1966 Rules, the petitioner

cannot be permitted to transport sand beyond the border of

the State.

5. Be that as it may, as seen from the judgment of the

Hon'ble Supreme Court, State Governments cannot impose

ban on movement of the sand beyond the State.

Civil Appeal Nos. 10373 and 10374 of 2010, order dated 01.03.2019

6. Without going into the merits of the case and as the

petitioner requires the sand for construction of his own

house, the petitioner is permitted to transport sand from

G. Atmakuru Sand Reach to Choutuppal, Telangana State, as

per the sand waybill, dated 09.03.2023 for quantity of 35 MT.

Accordingly, with the above said direction, the Writ

Petition is disposed of at the admission stage. No costs.

As a sequel, miscellaneous applications pending, if any,

shall also stand closed.

___________________________ SRI K.SURESH REDDY, J

Date: 08.05.2023 RSI

THE HON'BLE SRI JUSTICE K. SURESH REDDY

WRIT PETITION No. 7397 of 2023

Date: 08.05.2023.

RSI