Andhra Pradesh High Court - Amravati
Unknown vs High Court Of Andhra Pradesh on 3 November, 2022
HIGH COURT OF ANDHRA PRADESH
MAIN CASE No: W.P.No.25830 of 2022
PROCEEDINGS SHEET
SL. DATE ORDER OFFICE
NO. NOTE
03.11.2022 BKM, J
No representation for the
petitioners when the matter is called
today even after passing over of the
matter and taken up at 02:15 PM. After
filing the vacate stay petition by the
unofficial respondent, the matter was
adjourned previously and on earlier occasions also the counsel for the petitioners did not turn up and sought for time. Accordingly, it is adjourned to this date under the caption, 'for orders'.
As there is no assistance from the side of the counsel for the petitioners, the vacate stay petition is heard upon hearing the arguments of the learned senior counsel.
The writ petition is filed questioning the action of the respondents SL. DATE ORDER OFFICE NO. NOTE in not passing the orders on the representation of the petitioners dated 20.07.2022 and for a consequential direction to the respondents to stop the mining activities near Tellakonda Rayudu Swami Temple situated on Tellakonda (hill) at about 0.50 km north of Gandlavari palli village, Mudigubba Mandal, Sri Satya Sai District.
The representation of the petitioners dated 20.07.2022 is addressed to the District Collector who is the respondent No.2 in the writ petition contending that there is a presiding deity of Tellakonda Rayudu Swamy on the hill of Tellakonda and the villagers worship the said deity on auspicious days and festivals. While so, the mining lease was granted in favour of M/s.Benita Industries limited for quartz quarry mining in Sy.No.114(P) of S.Brahmanapalli Village in survey No.408(P) of Marthadu village and SL. DATE ORDER OFFICE NO. NOTE Sy.No.9/P of S.Brahmanapalli village near Tellakonda. Though in paragraph 5 of the writ affidavit, the petitioners specifically referred about the mining activities that is being carried on by M/s.Benita Industries, it is not made a party in the original writ petition and sought for disposal of the representation of the petitioners dated 20.07.2022 said to have been pending before the respondent No.2. But on coming to know about the filing of this writ petition, the said M/s.Benita Industries by way of implead petition approached this court in this writ petition to be impleaded as one of the party respondents. Accordingly, the implead petition was ordered earlier and the said M/s.Benita Industries is made as respondent No.6 in this writ petition.
Earlier upon hearing the counsel for the petitioners, this court passed an order dated 17.08.2022 in I.A.No.1 of 2022 in this writ petition directing the SL. DATE ORDER OFFICE NO. NOTE respondents to ensure that the Tellakonda Rayudu Swamy Temple situated at Tallakonda hill north of Gandlavari palli village, Mudigubba Mandal, Sri Satya Sai District, shall not be disturbed or demolished until further orders.
On the other hand, the learned senior counsel who filed the vacate stay petition in I.A.No.3 of 2022 submits that the respondent No.4 was granted mining lease by following the procedure as contemplated under MMDR Act and before the grant of quartz quarry mining lease, environmental clearance was also obtained. Once the Industries obtained the quartz quarry mining lease in the subject land, by virtue of the said representation, the petitioners cannot stall the said mining activity which is otherwise permitted under law. The vague representation of the petitioner shall not lead to the obstruction of the said mining activity which is to be carried out by the SL. DATE ORDER OFFICE NO. NOTE respondent No.6 in this writ petition. If at all there is any valid objections for the said mining lease activity, the appropriate authorities shall be approached by the aggrieved persons and by following the due course of law only, the same can be modified. In the absence of the same, the activity cannot be stalled for any other reason.
Having found some force in the said argument of the learned senior counsel, this court is inclined to modify the order granted earlier by this court dated 17.08.2022 as follows:
"The respondent No.6 is permitted to proceed with it's quarry mining as per the boundaries mentioned in the mining lease. They shall be permitted to proceed with the same until and unless it is modified by following the due process of law by the authorities concerned. However, it shall not preclude the petitioners to have offerings and prayers SL. DATE ORDER OFFICE NO. NOTE insofar as Tellakonda Rayudu Swamy Tempe/village deity is concerned situated at Tellakonda Hill."
Accordingly, the interim order is modified and the writ petition is posted for final hearing.
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BKM, J
LMV
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