Telangana High Court
The Forest Range Officer vs Esam Nagamma on 14 June, 2022
Bench: Satish Chandra Sharma, Abhinand Kumar Shavili
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.380 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
Learned counsel for the State Government has
argued before this Court that the learned Single Judge by
granting an interim order on 22.04.2022 in I.A.No.1 of
2022 in W.P.No.20726 of 2022 has granted permission for
mining in an Eco-sensitive Zone. She has stated that no
such mining activity can be permitted in an Eco-sensitive
Zone.
This Court in similar circumstances, in W.A.No.317
of 2022, has passed an order directing the learned Single
Judge to decide the matter on merits in accordance with
law and the interim order therein, which was also an
identical interim order, has been set aside.
The order passed in W.A.No.317 of 2022, dated
28.04.2022, reads as under:-
2
"The present writ appeal is arising out of an order
dated 29.03.2022 passed by the learned Single Judge in
I.A.No.1 of 2022 in W.P.No.10774 of 2022.
The facts of the case reveal that the writ petition
was preferred by the private respondents herein (writ
petitioners) and the prayer clause in the writ petition
reads as under:-
"13. It is therefore prayed that this Hon'ble Court
may be pleased to direct the respondents No.5 to 7
not to interfere with the De-Casting operations of
Sand from the petitioners pattalands, pursuant to
the permission accorded by the District Level Sand
Committee/2nd Respondent on 29.06.2021, by
suspending the impugned notices issued by the 5th
respondent dated: 18.12.2021 and 01.01.2022 and
pass such other order or orders as deem fit and
proper in the interest of justice.
14. It is further prayed that this Hon'ble Court
may be pleased to issue a Writ order or direction
more particularly one in the nature of Mandamus
declaring the action of the respondent No.5 in
issuing the notices dated 18.12.2021 and
01.01.2022 directing to stop the De-casting of sand
from the Pattalands of the petitioners as arbitrary,
illegal, without power or authority and violative of
Article 21 of the Constitution of India and set aside
the same with a consequential direction to the
respondents No.5 to 7 to not to interfere and pass
such other order or orders as deem fit and proper in
the interest of justice."
A detailed and an exhaustive counter affidavit
was filed in the matter and the learned Single Judge
while considering I.A.No.1 of 2022 has granted the same
relief, which is a final relief in the writ petition.
As a detailed and an exhaustive counter affidavit
was filed in the writ petition, the writ petition itself could
have been disposed of on merits.
The learned counsel for the State Government
has argued before this Court that the mining activity
cannot be permitted in an eco sensitive zone.
In the considered opinion of this Court, the
matter has to be heard on merits and by virtue of an
interim order, mining operation can certainly not be
granted keeping in view peculiar facts and
circumstances of the case.
Resultantly, the impugned order passed by the
learned Single Judge is set aside with a request to the
learned Single Judge to decide the main writ petition
itself on merits, as pleadings are complete.
Office is directed to list W.P.No.10774 of 2022
before the learned Single Judge having roster on
06.06.2022 on which date the parties shall appear
before the learned Single Judge.
The writ petition is accordingly allowed.
The miscellaneous applications pending, if any,
shall stand closed. There shall be no order as to costs."
In the light of the aforesaid order and after hearing
the learned counsel for the parties, the impugned order
dated 22.04.2022 passed by the learned Single Judge is
hereby set aside. The learned Single Judge is requested to
decide the main writ petition on merits.
The appellants shall be free to file a detailed counter
affidavit in the main writ petition.
Office is directed to list W.P.No.20726 of 2022 before
the learned Single Judge having roster on 04.07.2022 on
which date the parties shall appear before the learned
Single Judge.
The writ appeal is accordingly allowed.
The miscellaneous applications pending, if any, shall
stand closed. There shall be no order as to costs.
______________________________________
SATISH CHANDRA SHARMA, CJ
______________________________________
ABHINAND KUMAR SHAVILI, J
14.06.2022
vs
