Andhra Pradesh High Court - Amravati
Mallu Dora Aadhivasi Society, vs State Of Andhra Pradesh on 30 November, 2020
Author: Kongara Vijaya Lakshmi
Bench: Kongara Vijaya Lakshmi
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI Va oe
MONDAY, THE THIRTIETH DAY OF NOVEMBER,
TWO THOUSAND AND TWENTY
:PRESENT:
THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHMI
IA No. 2 OF 2020
IN
WP NO: 22195 OF 2020
Between:
Mallu Dora Aadhivasi Society, a society registered under Societies Registration act, with
Reg. No. 147 of 2020 having office at H.o. 4-82/2, Ramannagudem, Kukkunoor Mandal,
West Godavari District, rep. by it's president Nageswara Rao Kanagala Si¢é) Ramayya,
aged about 45 years, R/o Ramannagudem Village, Kukkunoor Mandal, West Godavari
District.
...Petitioner
(Petitioner in WP 22195 OF 2020
on the file of High Court)
AND
1. State of Andhra Pradesh, rep. by its Principal Secretary, Industries and
Commerce Department Secretariat, Amravati, Guntur District --
2. The Director of Mines and Geology, , State of Andhra Pradesh, Door No. 7-104,
B-Block, 5th and 6th Floors, Sri Anjaneya Towers, Ibrahimpatnam, Vijayawada,
Krishna District.
3. The Andhra Pradesh Mineral Development Corporation Ltd, rep by its Vice
Chairman and Managing Director D. No. 291/1D, Tadigadapa to Enikepadu
Road, Kanuru, Vijayawada, Krishna District.
4. The District Level Sand Committee, West Godavari, rep by its Chairman cum
Collector and District Magistrate, West Godavari District, Eluru.
5. The Joint Collector, Vice Chairman, District Level Sand Committee and Ex-
Officio Executive Director, M/s APMDC Ltd., West Godavari District.
6. Assistant Director of Mines and Geology, Eluru, West Godavari District.
7. Sree Rama Girijjana Society, Venkatapuram Village, Kukkunuru Mandal, West
Godavari District, rep. by it's President G. Venkata Ramana.
...Respondents
- ; (Respondents in-do-)
Counsel for the Petitioner : Sri Sreenivasa Rao Velivela
Counsel for the Respondent Nos 1, 2 4 & 6 :GP FOR MINES AND GEOLOGY
Counsel for the Respondent Nos 3 and 5: Sri V.R.. Prasanth Standing Counsel
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in W.P., the High Court may be pleased To SUSPEND the proceedings
vide Ltr. No. 47/Sand /Open Reach/2020 and Ltr. No. 48/Sand/Open Reach/2020 both -
dated. 25-09-2020 'of 5th respondent and consequential agreements dated 25-0972020
executed by 5th respondent representing 3rd respondent i in favour of 7th respondent for
Excavation, Transpiration, Stocking and loading in Dacharam and _ Ibrahimpeta
Ganapavaram open reaches in Kukkunuru Mandal, West Godavari District, pending --
disposal of WP No. 22195 of 2020, on the file of the High Court.
The court while directing issue of notice to the Respondents herein to show
cause as to why this application should not be complied with, made the following
order.(The Case).
ORDER:
The case of the petitioner is that the Government of Andhra Pradesh, vide G.O.Ms.No.66 dated 24.03.2011, issued rules applicable to Gram Panchayats in Scheduled Areas called as 'Andhra Pradesh Panchayats Extension to Scheduled Areas (PESA) Rules, 2011' (for short 'the Rules); Rule 7 thereof contemplates that only individual local members of ST, and Societies comprising exclusively local ST members, shall be entitled for grant of prospecting licence or mining lease for minor minerals and grant of concession for exploitation or minor minerals by auction; as per Rule 7(II) thereof, the mining department shall refer all applications received for grant of prospecting license or mining lease for minor minerals in the schedule areas to the concerned Gram Panchayats for their consideration and Gram Panchayats are under obligation either to approve or reject applications by passing an appropriate resolution within four weeks; the Government framed new sand policy in the State of Andhra Pradesh vide G.O.Ms.No.70 and 71; and Rule II(E) of G.O.Ms.NO.70 and Rule 11 of G.O.Ms.No.71 mandates that excavation and transportation of sand to the specified stockyards and sand bearing areas located partially/fully in Scheduled Areas shall be done by forming Tribal Societies as per the Rules; petitioner is a Society registered under the provisions of the Societies Registration Act, consisting all tribal members; they made an application dated 20.06.2020 seeking permission for excavation and transportation, which was referred to Gram Panchayat; vide letter dated 21.07.2020, permission was granted in their favour and directed to pay Rs.5,61,600/- towards performance Security Deposit within 7 days, which was intimated nearly after one month and, due to lock-down, the amount could not be paid and the D.Ds. were purchased on 03.09.2020 for an amount of Rs.5,61,600/- and approached the respondents to receive and execute performance agreement in their favour but the respondents refused to receive the same; and respondent | No.5, without canceling or suspending -- the permission granted in their favour, vide letter dated 25.09.2020, granted permission to respondent No.7 in respect of two open reaches i.e. Dacharam and Ibrahimpeta Ganapavaram, Kukkunuru Mandal, West Godavari.
Learned Counsel for the petitioner contends that, 'as per the mandatory procedure, there should be specific permission from the concerned Gram Panchayat by way of resolution for granting permission; in the instant case, without even referring the application to the concerned Gram Panchayat, permission was granted and, on the very next day, agreements were executed; recently, respondent No.7 started forming road to reach Ibrahimpeta - Ganapavaram and has not yet commenced the excavation and transportation activity due to floods; and during subsistence of permission granted in favour of the petitioner for Dacharam Open Reach, respondent No.7 cannot be granted permission for the very same reach.
As seen from the impugned proceedings dated 25.09.2020, respondent No.5 issued LOI on 24.09.2020 and, on 25.09.2020 itself, the impugned proceedings were passed issuing work order for excavation and transportation of sand in Dacharam open reach in favour of respondent No.7 and agreements were entered into. However, the proceedings do not mention the date of application of respondent No.7; and it appears that respondent No.7 paid performance guarantee through DDs dated 08.09.2020, which was much prior to the date of permission.
The issues, raised in this Writ Petition, can be decided only after counter affidavit is filed by the respondents. | Based on the material available on record, prima facie, it appears that permission of the Gram Panchayat was not obtained while granting permission to respondent No.7, and the permission granted to the petitioner was neither cancelled nor suspended as on date.
In view of the same, there shall be an order of suspension of the impugned proceedings of respondent No.3, dated 25-09-2020, fr a period two weeks. 4 List on 14.12.2020. Sd/-K. TATARAO ASSISTANT REGISTRAR | ITTRUE COPY// For ASSISTANT'REGISTRAR To,
1. The Principal Secretary, Industries and Commerce Department, State of A-P., Secretariat, Amravati, Guntur District
2. The Director of Mines and Geology, State of Andhra Pradesh, Door No. 7-104, B- Block, 5th and 6th Floors, Sri Anjaneya Towers, !brahimpatnam, Vijayawada, Krishna District.
3. The Vice Chairman and Managing Director, Andhra Pradesh Mineral Development Corporation Ltd, D. No. 291/1D, Tadigadapa to Enikepadu Road, Kanuru, Vijayawada, Krishna District.
4. The Chairman cum Collector and District Magistrate, District Level Sand Committee, West Godavari, West Godavari District, Eluru.
5. The Joint Collector, Vice Chairman, District Level Sand Committee and Ex- Officio Executive Director, M/s APMDC Ltd., West Godavari District.
6. The Assistant Director of Mines and Geology, Eluru, West Godavari District.
7. G. Venkata Ramana, Preseident, Sree Rama Girijana Society, Venkatapuram Village, Kukkunuru Mandal, West Godavari District.
(Addressee Nos 1 to 7 by RPAD)
8. Two CCs to GP for Mines and Geology, High Court of A.P., at Amaravati (OUT)
9. One CC to Sr. V.R.N. Prasanth, Standing Counsel, (OPUC)
10.One CC to Sri Sreenivasa Rao Velivela, Advocate (OPUC)
11.One spare copy skm HIGH COURT KVL,J DATED:30/11/2020 ORDER IA. No. 2 of 2020 IN WP.No.22195 of 2020 oS eh OS, Loe fo fey Sy INTERIM SUSPENSION