THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 27317 OF 2009 DATED: 03-08-2010 Between: Ruthala Yeerrapatrudu …Petitioner And 1. The District Collector, Visakhapatnam Visakhapatnam District and five others …Respondents THE HON’BLE SRI JUSTICE A.GOPAL REDDY AND THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION No. 27317 OF 2009 ORDER: (per THE HON’BLE SRI JUSTICE A.GOPAL REDDY) This writ petition is filed in the form of Public Interest Litigation to issue writ of mandamus declaring the action of the respondents 1 and 4 in not taking action against the respondents, 3, 5 and 6 for illegal transportation of sand and also forest produce from Survey Nos. 72 to 74 of Tamaram village, Makavarapalem, Visakhapatnam District and in other survey numbers by respondent No.3 and sand from the river beds of Varahanandi, Sarpanandi. B.P. Agraharam by the respondent 6 with the help of respondent No.5 to outsiders as arbitrary and illegal. 2. It is stated that respondent No.3 has illegally transported the teak wood and mango tress and as well as cashew trees which are more than 1000 in an extent of Ac.90.00 of land in Sy. Nos. 70 to 74 and other adjacent lands. After cutting the teak wood trees as well as other trees, he transported in lorries as well as in tractors and sold to contractors native of Anakapalli and Visakhapatnam. Apart from illegally transporting, he gave permit letters to the mafia contractors to transport the teak wood and other tree material which is cut in Sy.Nos. 70 to 74. The villagers came to know on 21-11-2009 that the wood has not been surrendered to Forest Department or to the Collector, but it is illegally sold to contractors by the respondent No.3 with the help of respondent No.6 and other police officials more particularly respondent No.5. Knowing this fact, the petitioner as well as the villagers patrolled on the village roads in the evening hours as well as in the mid night on the said date. On the next day at about 5.00 P.M. the petitioner who was informed by the villagers that two lorries and one tractor more than 17 tonnes of wood is getting transported illegally and immediately the petitioner and villagers stopped the lorries and gave a written complaint to the respondent No.2. Respondents Nos. 3 and 6 stated that a complaint will be registered against the illegal transporters and took the vehicles along with teak wood and sand. But surprisingly, the respondent No.3 on 24-11-2009 released the vehicle along with the teak wood by imposing a fine of Rs.5,000/-. The issue of illegal transportation of the teak wood and sand was published in all the Newspapers from 23-11-2009 to 29-11-2009 stating that respondents 3 and 6 are illegally transporting and selling the sand and teak wood. Respondent No.6 on coming to know that the petitioner is filing a case, registered a case with an anti date F.I.R. No.114, dated 03-12-2009 under Sections 125 and 187 IPC and other Sections in M.V. Act, which is actually registered on 11-12-2009. It all shows that they are not protecting the interest of the State Government and allowing for illegal transportation. To substantiate the same, photos of lorries and tractors, which were loaded with sand have been filed. 3. The third respondent filed counter affidavit on behalf of the respondents 1 to 3 stating that there are no valuable trees in the land in Sy. No.70 to 73 of Tamaram village, admeasuring Ac.63.38 cents or any sand deposits over it. An inspection notes was submitted to the Collector in Rc No.7345/2008-1, dated 25-11-2008 by the then Revenue Divisional Officer, Narsipatnam to substantiate the said fact. The said land was alienated to the Andhra Pradesh Infrastructure and Industrial Corporation (AIIC) for establishment of Industrial Park and advance possession was given to them on 29-12-2008. The Tahsildar has not issued any permission letters to the contractors to transport the teak wood and other tree material in Sy.Nos. 70 to 73 as alleged by the petitioner. There are no teak trees in the land covered by Sy. No. 70 to 73 and hence, cutting of trees does not arise. The lands are in possession of APIIC since 29-12-2008 and therefore, permission over these lands does not arise. When the petitioner and others tried to encroach the land in Sy. Nos. 70 to 73 and tried to raise the huts over night and at the request of the APIIC, the attempts made by the petitioner and others were averted by the Revenue authorities. Boring the grudge, the present writ petition is filed with untrue and untenable allegations. The receipt No.309/2009, dated 24-11-2009 does not pertain to the transportation of goods from the land in Sy.Nos. 70 to 73 as alleged by the petitioner. The unauthorised transportation of sand was deposited at the office of the Tahsildar, Makavarapalem and informed to the concerned Assistant Director, Mines and Geology Department, Anakapalli for taking necessary action for conducting auction of the seized sand vide letter No.309/09/B of the Tahsildar, dated 23-11-2009. 4. Respondent No.6 filed separate counter stating that from March, 2009 to July, 2009, he seized 20 tractors and 7 lorries which were used for illegal transportation of the sand and sent requisition to the Tahsildar, Makavarapalem, upon which, the Tahsildar imposed fine of Rs.70,000/- for 7 lorries and Rs.62,000/- for 20 tractors. He also seized 29 tractors and 3 lorries which were illegally used for transportation of sand from Varhanadi and Sarpanadi, P.P.Agraham and Makavaram villages and sent a letter to the Additional Director, Mines and Geology, Anakapalli, requesting him to take necessary action against the above said vehicles. Accordingly, the Additional Director of Mines and Geology, Anakapalli imposed fine of Rs.45,000/- for 3 lorries and Rs.1,35,000/- for 29 tractors. He also seized 199 tractors and 25 lorries and booked cases from the month of March, 2009 to 15th December, 2009 and imposed fine of Rs.1,99,300/- and released the vehicles. Six tractors were seized which were used for illegal transportation of sand from Sarpanadi and Varahanadi and filed a requisition on 30-11-2009 before the Additional Director of Mines and Geology, Anakapalli for taking criminal action. The said vehicles are in the safe custody of Makavaram police Station. Three vehicles which were illegally transporting the sand and wood handed over by the villagers were sent to the Village Revenue Officer and the same were kept in the Police Station. The owners of the lorry paid an amount of Rs.5,000/- each towards fine and on payment of fine amounts, the vehicles were released as per the order of the Tahsildar, Makavarapalem Mandal on 24-11-2009 and 1-12-2009 respectively. Another vehicle is kept in the police station and a letter was addressed by the Tahsildar, Makavarapalem to the Additional Director of Mines and Geology, Anakapalli for taking action. On a complaint lodged by one Adigarala Srinivasa Rao, a case in Cr.No.116 of 2009 under Sections 341 and 506 r/w 34 IPC was registered on 03-12-2009 and investigated into. He denied the allegation that as the petitioner is filing a case, he registered a case with anti date. Since it is a non-cognizable complaint, he has to obtain permission from the concerned Court. After obtaining permission from the Court, the said case was registered. Due to involvement in the criminal cases, a rowdy sheet was also opened against the petitioner on 25-05-1996 and it is being continued from time to time on the file of this respondent police station. Because of said continuation of rowdy sheet, the present writ petition is filed with untenable allegations. 5. The report of the Revenue Divisional Officer, Narsipatnam, in Rc. No.745/2008/I, dated 25-11-2008 also shows that the lands in Sy.Nos. 70 to 73, admeasuring Ac.63.38 cents, which were required by the Chief General Manager, APIIC, Visakhapatnam, were proposed for rehabilitation of Kothapalem village H/o Rachapalli in connection with establishment of Industrial Park at Rachapalli. The proposed lands are abutting to R & B road leading from Narsipatnam to Tallapalem. The proposed land value is Rs.4.00 lakhs as already paid to Zeroyithi lands during the Land Acquisition process. The lands are resumed to Government due to violation of ‘D’ form patta conditions by assignees. There is cashew tope on ground. There are no permanent structures. Valuable trees or tombs on ground. There is no objection to alienate the land to APIIC. 6. Therefore, it is clearly established that there are no sand deposits and also valuable teak trees in the land as alleged by the petitioner in the writ petition. Respondent No.6 is vigilantly apprehending the persons and seizing the vehicles which were used for illegal transportation of sand and teak wood and also reporting the matter to the Revenue Officials. After seizing the vehicles by the 6th respondent, the Additional Director of Mines and Geology, Anakapalli releasing the vehicles after collecting penalty as stated in the counter affidavit. In view of the same, the allegation of the petitioner that the respondents 3 and 6 are permitting for cutting of trees in Sy.No.70 to 73 at Tamaram village and allowing for illegal transportation of sand does not merit for consideration. Therefore, the writ petition is liable to be dismissed. 7. Accordingly, the writ petition is dismissed. No order as to costs. ____________________ A.GOPAL REDDY, J _______________ K.C.BHANU, J DATED: 03-08-2010 Hsd