The Forest Range Officer, And 2 ... vs Srrr Anil Kumar, And 4 Others
2022 Latest Caselaw 2891 Tel

Citation : 2022 Latest Caselaw 2891 Tel
Judgement Date : 17 June, 2022

Telangana High Court

The Forest Range Officer, And 2 ... vs Srrr Anil Kumar, And 4 Others on 17 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.384 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 controversy involved in the present

case stands concluded on account of the judgment delivered in

W.A.No.317 of 2022 dated 28.04.2022.

     The judgment passed in W.A.No.317 of 2022, dated

28.04.2022, reads as under:-

           "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."

Learned counsel for the other side has not disputed the

aforesaid judgment. However, he has stated that in the writ

petition, no counter affidavit is filed.

Resultantly, the present writ appeal is also allowed. The

State Government is granted time to file the counter affidavit in

the main writ petition. The impugned order dated 22.04.2022

passed in I.A.No.1 of 2022 in W.P.No.18642 of 2022 is hereby

set aside.

Office is directed to list W.P.No.18642 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.