LAWS(APH)-2001-4-103

BHEEMAGIRI BHASKAR Vs. REVENUE DIVISIONAL OFFICER BHONGIR

Decided On April 27, 2001
BHEEMAGIRI BHASKAR Appellant
V/S
REVENUE DIVISIONAL OFFICER, BHONGIR Respondents

JUDGEMENT

(1.) The power of the District Collector to ban quarrying of sand and transportation thereof has come up for consideration in these Writ Petitions.Although all these writ petitions relate to the controversy as to the quarrying of sand from various river beds, streams flowing in various Gram Panchayat areas situated in Nalgonda, Medak, Mahaboobnagar and Warangal Districts, they can, however, be classified as three categories.

(2.) The first category of writ petitions viz., W. P. Nos. 25644 of 2000, 4255, 4398, 4407, 3617, 3277, 3303, 3581 and 3526 of 2001 are filed by the alleged lease-holders, who were said to have been granted permits/leases by the Gram Panchayats for quarrying the sand, for a declaration that the action of the respondents in interfering with the quarrying and transportation of sand by them as is arbitrary and illegal and for a direction upon the respondents not to interfere with the their right to quarry and transport the sand.

(3.) The second category of writ petitions, viz., W. P. Nos. 4640 and 5405 of 2001 are filed by some agriculturists who own agricultural lands nearby the river-beds for a declaration that the action of the authorities in not taking steps to prevent the illegal operations of quarrying and transporting of sand from the river beds as illegal and unconstitutional and for a direction upon the respondents to take steps to stop quarrying the sand from the riverbeds or streams as the case may be.