The State Of Telangana vs M/S Ayyappa Stone Crushers
2023 Latest Caselaw 1648 Tel

         THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                       AND
              THE HON'BLE SRI JUSTICE N. TUKARAMJI


                   WRIT APPEAL No.443 of 2023

JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)


       Heard         Mr.       Malugari          Sudharshan,          learned

Government Pleader for Forest Department representing

the appellants and Ms. Vedula Chitralekha, learned

counsel for respondents No.1 and 2/writ petitioners.

Respondents No.3 to 7 are represented by

Mr. T.Srikanth Reddy, learned Government Pleader for

Revenue.

2. This appeal is directed against the common order

dated 17.03.2023 passed by the learned Single Judge in

W.P.No.38122 of 2014.

3. W.P.No.38122 of 2014 was disposed of by the

aforesaid common order along with W.P.Nos.3557 of 2015

and 44043 of 2022.

4. W.P.No.38122 of 2014 was filed by respondents No.1

and 2 seeking the following relief:

To issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the 6th respondent in issuing proceedings dated 19.11.2014 (though styled as show cause notice) and preventing the petitioner from operating the quarry and the further action of the respondent No.4 in interfering with the mining activities of the petitioner without any authority of law in Sy. No.228 over an extent of Acs.15.20 gts of land situated at Girgitpally Village, Vikarabad Mandal, Rangareddy District as being illegal, arbitrary without any jurisdiction and in violation of principles of natural justice and set aside the proceedings dated 19.11.2014 and consequently direct the respondents 4 and 6 not to interfere with the mining activities of the petitioner in Sy.No.228 for an extent of Ac.15.20 gts of land at Girgitpally Village of Vikarabad Mandal.

5. The three writ petitions were disposed of by the

learned Single Judge in the following terms:

13. In view of the foregoing reasons, without going into the other aspects of the case, these writ petitions are disposed of directing the Assistant Director

of Survey and Land Records, Ranga Reddy District to conduct survey and fix the boundaries after issuing notice to the petitioner and all other affected parties including respondent/Forest Department within a period of one (1) month from the date of receipt of the copy of this order. If the said survey report reveals that the petitioner occupied any portion of land belonging to respondent/Forest Department and doing quarry operation or other activities viz., installation of stone crushing unit and dumping extracted metal in the forest land, respondent/Forest Department is entitled to take steps in accordance with law. Till the entire exercise is completed the respondent/Forest Department is directed not to take any coercive steps against the petitioner.

6. When this Court pointed out that the aforesaid

directions of the learned Single Judge are in favour of the

appellants, learned Government Pleader for Forest

Department submits that respondents No.1 and 2 are

removing quarrying materials from the site. When this was

resisted by the forest officials, respondents No.1 and 2

have filed a contempt petition before this Court.

7. Learned counsel for respondents No.1 and 2, at the

outset, has raised a preliminary objection that appellants

have not filed writ appeals against the other two writ

petitions. To this, learned Government Pleader submits

that the appeals are under preparation.

8. We have carefully perused the directions of the

learned Single Judge as extracted supra.

9. Learned Single Judge has directed the Assistant

Director of Survey and Land Records, Ranga Reddy

District, to conduct survey and fix the boundaries after

issuing notice to respondents No.1 and 2 and other

affected parties. Learned Single Judge has further

observed that if such survey reveals that respondents No.1

and 2 have intruded into forest land and are carrying on

their business activities inside forest land, it would be open

to the appellants to take necessary steps in accordance

with law. However, appellants have been directed not to

take coercive steps against respondents No.1 and 2.

10. After hearing learned counsel for the parties and on

due consideration, we direct appellants to conclude the

aforesaid exercise on or before 31.05.2023.

11. Till 31.05.2023 parties are directed to maintain

status quo in respect of quarrying materials etc., are

concerned.

12. This disposes of the writ appeal.

Miscellaneous applications pending, if any, shall

stand closed. However, there shall be no order as to costs.

______________________________________ UJJAL BHUYAN, CJ

______________________________________ N. TUKARAMJI, J 17.04.2023 vs