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2025 DAILYLAW 10030 (AP)

M/s. Sarvani Industries Private Limited, v. The State of Andhra Pradesh,

WP/5823/2025 · 2025-08-29

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010112042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5823/2025 Between: 1. M/S. SARVANI INDUSTRIES PRIVATE LIMITED,, SY. NO. 284 AND 286, PARITALA VILLAGE, KANCHIKACHERLA MANDAL, NTR DISTRICT, ANDHRA PRADESH. REPRESENTED BY ITS DIRECTOR, PEDDIREDDY GOPALA REDDY, S/O. RAMIREDDY, AGED 63 YEARS, R/O. 12/455/3/1 A, BYPASS ROAD, OPPOSITE ARAVINDA SCHOOL, KRISHNA NAGAR, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. M/S. SRI GAYATHRI MINERALS AND INFRA PROJECTS,, SY. NO. 315-B PART, 318- 3A, PARITALA VILLAGE, KANCHIKACHERLA MANDAL, NTR DISTRICT, ANDHRA PRADESH. REPRESENTED BY ITS MANAGING PARTNER, VADDEPALLI SRINU BABU, S/O SIVA SANKARA RAO, AGED 43 YEARS, R/O. FLAT NO. 404, A-BLOCK, PALM SPRINGS, SRINIVASARAOPET, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH. 3. M/S. KANAKA DURGA STONE CRUSHER,, SY. NO. 292/1, 292/2, 292/3A, PARITALA VILLAGE, KANCHIKACHERLA MANDAL, NTR DISTRICT, ANDHRA PRADESH. REPRESENTED BY ITS MANAGING PARTNER, ABBURI PARDHASARADHI, S/O. SRINIVASA RAO, AGED 20 YEARS, R/O. FLAT NO. 404, KARTHIKEYA RESIDENCY, VETERINARY HOSPITAL ROAD, IBRAHIMPATNAM, NTR DISTRICT, ANDHRA PRADESH. 4. M/S. PAVAN GRANITE METAL WORKS,, 305/3, QUARRY ROAD, PARITALA VILLAGE, KANCHIKACHERLA MANDAL, NTR DISTRICT, ANDHRA PRADESH. REPRESENTED BY ITS MANAGING PARTNER, CHINTALA RAMAMOHANA RAO, S/O. 2 VENKATESWARLU, AGED 68 YEARS, R/O. 1-126, MAIN BAZAR, PARITALA VILLAGE, KANCHIKACHERLA MANDAL, NTR DISTRICT, ANDHRA PRADESH. 5. M/S. VIJAYADURGA STONE CRUSHER,, FLAT NO. 314/1, PARITALA VILLAGE, KANCHIKACHERLA MANDAL, NTR DISTRICT, ANDHRA PRADESH. REPRESENTED BY ITS MANAGING PARTNER, BHAGAM THRIVIKRAMU, S/O. RADHA KRISHNA MURTHY, AGED 53 YEARS, R/O. 54-20/10-1C, FLAT NO. 401, LORDS AVENUE, SRINAGAR COLONY, AKKINENI WOMEN'S HOSPITAL ROAD, BHARATHI MAGAR, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. 6. M/S. V.N. ASSOCIATES,, RS NO. 335/1,2 AND 334/1,2 DONABANDA, KANCHIKACHERLA, NTR DISTRICT, ANDHRA PRADESH. REPRESENTED BY ITS MANAGING PARTNER, CHALLAGUNDIA NAGESWARA RAO, S/O. SURAIAH, AGED 68 R/O. 2-97/1, GUNTUPALLI, RAILWAY ROAD, NTR DISTRICT, ANDHRA PRADESH. 7. M/S. VENGAMAMBA ENG. CO.,, RS. NO. 801, 315/2, CRUSHERS ROAD, PARITALA VILLAGE, KANCHIKACHERLA MANDAL, NTR DISTRICT, ANDHRA PRADESH. REPRESENTED BY ITS MANAGING PARTNER, YELAMANCHILI VENKATA KRISHNA MOHAN, S/O. JAYADEV MOHAN PRASAD, AGED 60 YEARS, R/O. 40-9/1-18A, VASAVYA NAGAR, BESIDE VASAVYA MAHILA MANDALI, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. 8. M/S. S R K STONE CRUSHER, SY.NO. 346, 364/2, PARITALA VILLAGE, KANCHIKACHERLA MANDAL, NTR DISTRICT, ANDHRA PRADESH. REPRESENTED BY ITS MANAGING PARTNER, MAGANTI SIVA RAMA KRISHNA, S/O. GURAVAIAH, AGED 53 YEARS, R/O. 8-168-J-1, RAITHUPETA, KAKATIYA NAGAR, NANDIGAMA, NTR DISTRICT, ANDHRA PRADESH. 9. M/S. MODERN CRUSHERS,, SY. NO. 305/4A, 304/1 A, 310/3, 305/3, 308/2, 309/3C, 310/1A, 311/1A OF PARITALA VILLAGE, KANCHIKACHERLA MANDAL, NTR DISTRICT, ANDHRA PRADESH. REPRESENTED BY ITS PARTNER, THOTAKURA PURNACHANDRA RAO, S/O RAMA RAO, AGED 50 YEARS, R/O. 32-237/1, BYPASS ROAD, KONDAPALLI, NTR DISTRICT, ANDHRA PRADESH. 3 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY PANCHAYATRAJ DEPARTMENT, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATIONA AND URBAN DEVELOPMENT AUTHORITY, SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE ANDHRA PRADESH CAPITAL REGION DEVELOPMENT AUTHORITY APCRDA, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. REPRESENTED BY ITS COMMISSIONER. 4. THE DISTRICT COLLECTOR, NTR DISTRICT, ANDHRA PRADESH. 5. THE COMMISSIONER AND DIRECTOR OF MINES AND GEOLOGY, IBRAHIMPATNAM VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. . 6. M/S CHATURBHUJA PROPERTIES, OFFICE AT 59A-21-7/1A, FLAT NO. 101, VENKAT MEADOWS, RR GARDENS, PATAMATA, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. REPRESENTED BY ITS AUTHORIZED PERSON ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a Writ or Order or Direction particularly one in the nature of Writ of Mandamus declaring the action of the Respondents 2 to 5 herein in allowing the 6th respondent for formation of layout for residential purpose by developing the land in LP Numbers 1335, 1336, 1339, 3070 and 3071 of Paritala Village, Kanchikacherla Mandal, NTR District which is adjacent to Mining Zone in Survey Number 801 of Paritala Village, Kanchikacherla Mandal, NTR District as illegal, arbitrary and also oppose to G.O.Ms. No. 74 (Industries and Commerce) (Ml Dept) dated 16.02.2002 as well as Rule 5 of the Environment (Protection) Rules, 1986 and also oppose to the orders of this Honorable Court passed in WP No. 4816 of 2020 dated 13.03.2020 consequentially direct the respondents 2 to 4 herein 4 not to allow the 6th respondent for formation of layout for residentialpurposein LP Numbers 1335, 1336, 1339, 3070 and 3071 of Paritala Village, Kanchikacherla Mandal, NTR District which is adjacent to Mining Zone in Survey Number 801 of Paritala Village, Kanchikacherla Mandal, NTR District by considering the representations made by the petitioners through the association dated 17.01.2025 under receipt to the respondents 3 and 4 herein as well as a representation through legislature of the vicinity to the respondents 3 and 5 herein forthwith and to pass such IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents 2 to 4 herein not to allow the 6th respondent for formation of layout for residential purpose in LP Numbers 1335,1336,1339, 3070 and 3071 of Paritala Village, Kanchikacherla Mandal, NTR District which is adjacent to Mining Zone in Survey Number 801 of Paritala Village, Kanchikacherla Mandal, NTR District by considering the representations made by the petitioners through the association dated 17.01.2025 under receipt to the respondents 3 and 4 herein as well as a representation through legislature of the vicinity to the respondents 3 and 5 herein forthwith pending disposal of the above writ petition and to pass such Counsel for the Petitioner(S): 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. S PRANATHI The Court made the following: 5 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5823/2025 ORDER: 1. Learned counsel for the petitioners filed a letter dated 28.08.2025 seeking permission of this Court to withdraw the Writ Petition. 2. Permission as sought for is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn. No costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 30.08.2025 TTPPSS 6 65 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5823/2025 30.08.2025 TTPPSS