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2025 DAILYLAW 12546 (AP)

Ganta Siva Rama Krishna, v. The State of Andhra Pradesh,

WP/8980/2020 · 2025-08-19

V Sujatha

body2025

Judgment text

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APHC010147362020 2IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 8980/2020 Between: 1. GANTA SIVA RAMA KRISHNA,, S/O RANGA RAO, AGED ABOUT 54 YEARS, R/O. TADIPUDL VILLAGE, TALLAPUDI MANDAL, WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, A.P., SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT ELURU. 3. THE SUPERINTENDENT ENGINEER, IRRIGATION DEPARTMENT, DOWIESWARAM, EAST GODAVARI DISTRICT. 4. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, DOWLESWARAM. EAST GODAVARI DISTRICT. 5. THE ASSISTANT ENGINEER, KOVVUR, WEST GODAVARI DISTRICT. 6. THE REVENUE DIVISIONAL OFFICER, KOVVUR, WEST GODAVARI DISTRICT. 2 VS,J W.P.No.8980 of 2020 7. THE TAHSILDAR, TALLAPUDI MANDAL, TALLAPUDL, WEST GODAVARI DISTRICT, ...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 to issue an appropriate writ or order more particularly one in the nature of writ of mandamus, that In action of the respondents in stopping the Irregular transportation of sand by demolishing/damaging the Godavari river bund of the Village of Tadipudi of Tallapudi Mandal of West Godavari District as Negal, arbitrary and contrary to law and consequently direction the respondents to stopping the irregular transportation of sand by demolishing/damaging the Godavari river bund of the Village of Tadipudi of Tallapudi Mandal of West Godavari District, and pass IA NO: 1 OF 2020 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 For the reasons stated in the accompanying affidavit filed in support of the Writ Petition, the petitioner herein prays that this Hon'ble Court may be to direct the respondents 3, 4 and 5 that stopping all the operations by using the 4 ramps including taking the downed sand through the four ramps pending disposal of the Writ Petition, in the interest of justice and pass Counsel for the Petitioner: 1. R K ACHARYULU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 VS,J W.P.No.8980 of 2020 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate writ or order more particularly one in the nature of writ of mandamus, that In action of the respondents in stopping the Irregular transportation of sand by demolishing/damaging the Godavari river bund of the Village of Tadipudi of Tallapudi Mandal of West Godavari District as illegal, arbitrary and contrary to law and consequently direction the respondents to stopping the irregular transportation of sand by demolishing/damaging the Godavari river bund of the Village of Tadipudi of Tallapudi Mandal of West Godavari District ….” 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleaders for Irrigation and Revenue for respondents. 3. Today, when the matter came up for hearing, learned Assistant Government Pleader for Irrigation produced a copy of the instructions of the Executive Engineer, Godavari Head Works Divison, Dowlaiswaram/respondent No.4 vide Letter No.A5/1086/M, dated 18.08.2025, wherein it is stated that the Government has introduced a new sand policy 2024 in G.O.Ms.No.43, Industries & Commerce (Mines- III) Department, dated 08.07.2024. Further, as per the instructions of the Chairman, DLSC & Collector & District Magistrate, East Godavari District, Rajamahendravaram and the Chief Engineer, Godavari Delta System, Dowlaiswaram, the Boatsmen Societies have been temporarily allocated 4 VS,J W.P.No.8980 of 2020 reach-wise ramp points to operate desiltation activities by the 4th respondent. It is further stated that two Botsmen Societies have been permitted for desiltation in the Tadipudi Sand reach at K.M. 27.600 to 27.800 of AGRB, namely (1) The Sri Lakshmi Narasimmha Boatsmen and Sand Quarry Workers Co-operative Society Ltd., Regd. No. WR 544; and The Sai Teja Sand Quarry Workers and Botsmen Co-Operative Society Limited, Regd. No.W.R.523, Kovvur. Further, permission of one open sand reach has been accorded by the Mines and Geology Department within Tadipudi village limits. It is further submitted that there is no illegal or irregular transportation of sand within Tadipudi village limits. Regarding the allegation of discharge of solid waste into the River Godavari at Taidpudi village, it is submitted that no such discharges of solid waste have been found at the Tadipudi sand ramp. 4. In view of the above instructions, it is noted that the Government has taken the necessary steps to stop illegal sand transportation by introducing the new sand policy of 2024 and controlling desiltation activities through authorized Boatsmen Societies. It is also observed that as on today there is no illegal or irregular transportation of sand within Tadipudi village limits. Therefore, this Court is of the opinion that no further cause survives in this writ petition. 5. Accordingly, the Writ Petition is closed. There shall be no order as to costs. 5 VS,J W.P.No.8980 of 2020 As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ___________________ JUSTICE V.SUJATHA Date :20.08.2025. KGR