Telangana High Court
Sammakka Saralamma Tribal Women Sand ... vs The State Of Telangana on 20 March, 2025
Author: K. Lakshman
Bench: K. Lakshman
THE HON'BLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No. 8417 of 2025
ORDER:
Heard learned counsel for petitioner and learned Assistant Government Pleaders for Mines & Geology and Revenue.
2. Petitioner is a society registered under the provisions of Telangana Societies Registration Act, 2001, in the name and style of Sammakka Saralamma Tribal Women Sand Quarry Labour Contract Cooperative Society Limited, Annaram Village, Manuguru Mandal, Bhadradri Kothagudem District. According to petitioner, when floods occur in Bhadradri Kothagudem District, sand is accumulated in the banks of Godavari River and if it is not removed from time to time, it affects free flow of water and inundates the surrounding areas. Therefore, the Scheduled Tribe Women are engaged as labour for mining the sand from the basins of Godavari River and Sithamma Sagar Project area of Annaram Village. Thus, they 2 KL, J W.P.No.8417 of 2025 have formed the aforesaid society. Further, sand mining provides for finance and livelihood to the members of petitioner society. It also generates revenue to the Government.
3. Vide G.O.Ms.No.3, Industries & Commerce (M.I) Department, dated 08.01.2015, Government has framed certain guidelines for sand mining. Pursuant to the said G.O., 3rd respondent issued proceedings dated 13.12.2024 according permission to M/s.Telangana State Mineral Development Corporation Limited for de-siltation of sand from the submergence area of Sitamma Sagar Multipurpose Project falling in Godavari River, in respect of Bhadradri Kothagudem District. Therefore, petitioner has submitted representation dated 18.11.2024 to 3rd respondent, District Collector & Chairman, District Level Sand Committee, Bhadradri Kothagudem, with a request to permit its members for de-siltation of sand. Despite receiving and acknowledging the said representation, 3rd respondent did not act upon the same.
3 KL, J W.P.No.8417 of 2025 Aggrieved by the said inaction of 3rd respondent, petitioner society filed the present Writ Petition.
4. Learned Assistant Government Pleader for Revenue, on instructions, would submit that Grama Sabha has to be conducted under the Telangana State Panchayats Extension to Scheduled Areas (PESA) Rules, 2011, to accord permission for de-siltation of the sand. But, in the present case, there is no such Grama Sabha conducted. However, having received the said representation dated 18.11.2024 submitted by petitioner, 3rd respondent being the Chairman of District Level Sand Committee of Bhadradri Kothagudem, should have considered the said representation and pass appropriate orders.
5. In the light of the above, this Writ Petition is disposed of directing 3rd respondent to consider representation dated 18.11.2024 submitted by petitioner and pass appropriate orders strictly in accordance with law. However, if 3rd respondent is not inclined to accept the request made by petitioner, he shall pass orders assigning specific reasons and communicate a 4 KL, J W.P.No.8417 of 2025 copy of the same to petitioner. He shall complete the said exercise within four (4) weeks from the date of receipt of copy of this order. There shall be no order as to costs.
Miscellaneous applications, if any pending, shall stand closed.
_________________ K. LAKSHMAN, J 20th MARCH, 2025.
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