Andhra Pradesh High Court - Amravati
Bheemidi Srinivas Reddy vs The State Of Ap on 8 May, 2023
Author: K.Suresh Reddy
Bench: K. Suresh Reddy
THE HON'BLE SRI JUSTICE K. SURESH REDDY
WRIT PETITION No. 7397 OF 2023
ORDER:
Questioning the action of the respondents in not permitting the petitioner to transport sand from G. Atmakuru Sand Reach to Choutuppal, where the petitioner is constructing his house in spite of granting waybill, dated 09.03.2023 as illegal and arbitrary, the present Writ Petition is filed.
2. Heard Sri P. Durga Prasad, learned counsel for the petitioner, and Sri. K. Naveen Kumar, learned Government Pleader for Mines and Geology.
3. The grievance of the petitioner in the present Writ Petition is that the petitioner purchased sand from G. Atmakuru Sand Reach weighing 35 MT sand and was transporting the same in his Lorry bearing registration No. TS 30 TA 2346 on 09.03.2023. When the petitioner was transporting the sand, the officials under Check Post stopped the Vehicle and stated that as per Rule 9-P of the Andhra 2 Pradesh Mines and Mineral Concession Rules, 1966 (for short '1966 Rules'), there is a ban of interstate transportation of sand. It is the said action of the respondents which is impugned in the present Writ Petition.
4. The learned counsel for the petitioner placed reliance on the judgment of Hon'ble Supreme Court in State of Gujarat and others Etc., Vs Jayeshbhai Kanjibhai Kalathiya Etc.1, wherein it is held that State Governments cannot restrict the movement of transportation of sand from one State to another State, which is contrary to Article 301 of the Constitution of India. On the other hand, the learned Government Pleader vehemently opposed the Writ Petition stating that, in view of the ban imposed as per Rule 9-P of 1966 Rules, the petitioner cannot be permitted to transport sand beyond the border of the State.
5. Be that as it may, as seen from the judgment of the Hon'ble Supreme Court, State Governments cannot impose ban on movement of the sand beyond the State. 1 Civil Appeal Nos. 10373 and 10374 of 2010, order dated 01.03.2019 3
6. Without going into the merits of the case and as the petitioner requires the sand for construction of his own house, the petitioner is permitted to transport sand from G. Atmakuru Sand Reach to Choutuppal, Telangana State, as per the sand waybill, dated 09.03.2023 for quantity of 35 MT.
Accordingly, with the above said direction, the Writ Petition is disposed of at the admission stage. No costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
___________________________ SRI K.SURESH REDDY, J Date: 08.05.2023 RSI 4 THE HON'BLE SRI JUSTICE K. SURESH REDDY WRIT PETITION No. 7397 of 2023 Date: 08.05.2023.
RSI