IN THE HIGH COURT OF JUDICATURE ANDHARA PRADESH AT HYDERABAD
W. P. NO. 24657 OF 1997
Between:
Karam Borranna Dora
Petitioner
And
Assistant Director, Mines and Minerals
Rajahmundry and others
Respondents
AFFIDAVIT FILED BY THE PETITIONER HERE IN
I, Karam Borranna Dora, S/o. Borranna Dora, Hindu, age is 45 years, ….Mining operation R/o Siri Jonnalu village, Rampachodavaram Mandal, E. G. District, now having temporarily come down to Hyderabad, do here by solemnly and sincerely affirm and state on each as follow:-
1.I am the petitioner here in as such I am well aware of the facts of the case.
2.I humbly submit that I am resident of Osiri Jonnala (v) which is situated in Tribal area of East Godavari district. I belong to scheduled Tribe. My caste is deal ..as ‘coya dora’ which comes under S. T. under constitution order 1950 as amended from times to times. (The caste certificate is filed as M.P.1).
I submit that I made an application to the 1st respondent requesting him to grant lease for quarrying operations in Nellipudi (v) of Gangavaram mandal, as Iam entitled to have quarrying lease in the scheduled areas U/sec. 11 (5) of Mines and Minerals ( R & D) not.
3.I humbly submit that while sc, the 1st respondent here in granted mining lease for 10 years connecting from 13-6-96 to 12-6-2006 in respect of land in Sy. No. 436 measuring 2000 Hec of Nellipudi village. Gangavaram mandal, by order No. 2786/./96, dt. 13-5-96 (the said order is filed as Em. P. 2). Pursuant to the said order, issued by the 1st respondent, I have been carrying on the mining operations by complying with all the formalities required under the various acts. I have also invested my life savings for bringing the land to carry on the mining operations with a fead hope that the lease will be inforce till lease period is over.
4.To may utter surprise and dimay. I received an urgent notice from the 3rd respondent in Ref. (A)406/96 ft, 23-10-96 stating that the 2nd respondent received complaint alleging that I am carrying on the quarry operations in benami as such I am directed to not to carry on the quarrying operations nor transport the same. And it is further directed the 4th respondent to see that the quarrying can be done by me. (The said urgent notice is filed as x..3). The impugned order of the 3rd respondent is ex facie illegal and without jurisdiction. No notice was given to me before issuing the impugned order to enable me to put forth all my contentions. The 2nd respondent can not issue an order like this on a alleged report said to have received by him without issuing the same to me or without conducting any enquiry whether the so called report is a bonafideare not. Hence the action of the 3rd respondent in issuing the impugned order is whelly illegal, arbitrary and violative of principles of natural justice and also Arts. 19(1) (g), 21 of Constitution of India. The respondents 2 and 3 have neither jurisdiction nor right in canceling my lease which is granted by the 1st respondent who is the competent authority under the Act. If at all any action is completed against me, only the 1st respondent can do so as he is the competent authority to do so. I humbly submit that I have been carrying on the mining operations by me only except myself no body in carrying on the same as alleged in the impugned order.
5.I humbly submit that I am landless poor. I am seeking out my livelihood by carrying on quarrying operations. I employed more than 10 coolies to whom operations. I employed more than 10 coolies to whom I have already given advances. Pursuant to the impugned order, I am prevented to carry on the mining operations for which I am entitled to do under the valid lease granted by the 1st respondent. So long the valid lease is in existence, the 3rd respondent has no authority to cancel my lease. By virtue of the impagned action, I put as irreparable loss. Unless a direction is given by this Hon’ble court, I will be put to loss and hardship.
6.I humble submit that I have no other alternative remedy except to invoke this Hon’ble Court U/art. 226 of Constitution of India.
7.I have not filed any writ or appeal in this regard before any court.
8.It is therefore humbly prayed that the Hon’ble court may be pleased to issue an order, direction or any appropriate writ more particularly in nature of writ of Mandamus declaring the action of the 3rd respondent in issuing urgent justice in Ref (A) 406/96 dt. 23-10-96 is illegal, arbitrary, violative of principles of natural justice and also Arts. 19(1) (g). z1 of constitute of India and for a consequential order directing the respondents to drop all further proceedings in this regard and to pass such other order or orders as this Hon’ble court deems fit and prefer.
9.For the reasons mentioned above it is also prayed that the Hon’ble court may be pleased to suspend the operation of the impugned order of 3rd respondent issued in Ref (A) 406/96, dt. 23-10-96 by enabling the petitioner to carrying on the quarry operations in respect of Sy. No. 436 measuring 2,000 hectars situate is Nellipudi village, Gangavaram mandal, E. G. District, pending disposal of W.P and to pass such other order or orders as this Hon,ble court deems fit and proper. Else I will be put to irreparable less and hardship.
Solemnly affirmed at HyderabadDEPONENT
And signed out his thumb impression
In my presences, on this 19th day of November 1996
MEMORANDUM OF WRIT PETITION
(Under Article 226 of constitution of India)
IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD
(Under Special Original Jurisdiction)
W. P. No. /97
Between
Karam Borranna Dora S/o. Borranna Dora
Petitioner
1. Asst. Director, Mines and Minerals, Rajahmundry, E. G. District.
2. Sub- Collector, Rampachodavaram, E. G. District.
3. Mandal Revenue Officer, Gangavaram, E. G. District
4. Village Admn, Officer, Nellipudi (v), Gangavaram Mandal, E. G. District
Respondents
The address for servicing all notices proceeding etc on the petitioner is that of this counsel Ms Chella Dhanunjaya, C. S. Venkatesh, P. Rajkumar, Y. Murlikrihsna Advocate, no 1-2-234/13/B, …..,Hyderabad
For the reasons mentioned in the accompanying etc., it is therefore humbly prayed that the Hon’ble Court may be pleased to issue an order, direction or any appropriate writ …particularly in nature of writ of ….deal ring the action of the respondents No. 3 is issuing ..notice in …../96 dt. 23-10-96 is illegal, arbitrary, violative of principles of natural justice and also arts . 19(1)(g) and 24 of constitution of India end for a consequential order directing the respondents to drop all further proceedings in this regard and to pass such other order or orders as this Hon’ble court down fit and proper.
HyderabadCounsel for the petitioner
Dt. 20-11-96
IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD
WEDNESDAY THE THIRD DAY OF DECEMBER
ONE THOUSAND NINE HUNDERED AND NINETY SEVEN
PRESENT
THE HONOURABLE MR. JUSTICE: B. V. RANGA RAJU
WRIT PETITION MISCELLANEOUS PETITION NO: 30456 OF 1996
W. V. M. P. NO. 2486 OF 1997
WPMP. NO. 30486 OF 1997
BETWEEN
Karam Borranna Dora
Petitioner (Petitioner)
AND
1. Asst Director of Mines and Minerals, Rajahmundry, E. G. District
2. Sub. Collector, Rampachodavaram, E. G. District
3. Mandal Revenue Officer, Gangavaram E. G. District
4. Village Admb. Officer, Nellipudi (V) Gangavaram Mandal E. G. District
5. Sakti a non-profit voluntary social organization (Rg. No. 76/85) rep by Director Dr. P. Sivaramakrishna, Rampachodavaram, E. G. District
(R5 impleaded as per court order dt. 3.12.97 in WPMP 21865/97)
Respondents (Respondents)
Petition praying that in the circumstances stated in affidavit filed in the writ petition the High Court will be pleased to issue an order directing to suspend the operation of the impugned order of 3rd respondent issued in Ref. (A) 406/96 dt. 23.10.96 by enabling the petitioner to carrying on the quarry operations irrespect of Sy. No. 436 measuring 2.00 hectares situate in Nellipuli village, Gangavaram Mandal. E. G. District. Pending disposal of W. P. No. 24657/96 on the file of High Court.
W. V. M. P. No. 2186 of 1997
BETWEEN
Sakti, a non-profit voluntary social organization (Regd. No. 76/85) Rampachodavaram, E. G. District. Rep by its Director Dr. P. Sivaramakrishna
Petitioner (Respondent No. 5 in WP 24657/97 on the file of High Court)
AND
1. Karam Borranna Dora
2. Assistant Director, Mine and Minerals, Rajahmundry, E. G. District
3. Sub. Collector, Rampachodavaram, E. G. District
4. Mandal Revenue Officer, Gangavaram, E. G. District
5. Village Administrative Officer Nellipudi village, Gangavaram Mandal, E. G. District
(Ar 2 to 5 are not necessary)
Respondents (Petitioners and Respondent 1 to 4)
Petition praying that in the circumstances stated in the counter-affidavit filed in the W.P. 24657/97 the High Court will be pleased to vacate the interim order of the High Court dt. 21.11.96 and made in WPMP. 30456/96.
The petitions coming on for hearing upon persuing the petition and the affidavit filed in the w. P. No. 24657/97 and the interim order of the High Court dt. 21.11.96 and made in WPMP 30456/96 and the counter and reply affidavit filed there in and upon hearing the arguments of Mr. Ch. Dhananyaya, Advocate for the petitioner in WPMP 30456/97 and respondent No. 1 is WPMP 2486/97 and of Mr. K. S. Murthy, Advocate for the respondent No. 5 in WPMP 30456/96 and petitioner in WVMP No. 2486/97 and respondent 1 and 2 in WPMP and Respondents 2 to 5 in WVMP are not necessary parties and other respondents not appearing in person or by Advocate, the court made the following order:
By the impugned order dt. 23.10.96 the petitioners was directed not to carry on the quarry work and not to transport the quarry until further orders. The basis for issuance of such an order is on the ground that the work is being done by somebody else and not by the petitioner himself.
Under these circumstances the 3rd respondent M.R.O. is directed to cause an enquiry about the truth or other wise relating to the actual person that is doing quarrying work within a period of one month from the date of receipt of a copy of this order.
Interim direction ordered on 21.11.96 to continue until further orders.
Both the petitions are disposed of accordingly.
Post the W.P for final hearing in the 1st week of February 1998 after obtaining necessary orders from the Honourable the chief Justice.
Sd/ D. Laxminarayana
Asst. Registrar
//TRUE COPY//
Section officer
To
1. The Assistant Director, Mines and Minerals, Rajahmundry, E. G. District
2. Sub Collector, Rampachodavaram, E. G. District
3. Mandal Revenue officer, Gangavaram, E. G. Dist. (with a copy of petition and affidavit (RPAD)
4. Village Administrative Officer, Neelipudi village, Gangavaram Mandal, E. G. District
5. CC to Mr. K. S. Murthy, Advocate (OPUC)
6. One spare copy
*CRR