1 APHC010156792020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9704/2020 Between: 1. P.RAMA RAO,, S/O. P. ADI NARAYANA, AGE 71 ADDRESS R/O.D.NO.16-5-4, RAMALAYAM VEEDHI, KOVVUR, WEST GODAVARI DISTRICT 2. KASKANI ANNAVARAM,, S/O. NAGANNA AGE 60 ADDRESS. AGED 71 YEARS, R/O. D.NO.16-5-3, RAMALAYAM VEEDHI, KOVVUR, WEST GODAVARI DISTRICT 3. PAKA SURYA CHANDRA RAO,, S/O. HANUMANTHA RAO, AGE 45 ADDRESS. AGED 71 YEARS, R/O. D.NO.16-5-43, RAMALAYAM VEEDHI, KOVVUR, WEST GODAVARI DISTRICT 4. P.VENKANNA,, S/O. P.PAPA RAO AGE 52 ADDRESS. AGED 71 YEARS, R/O. D.NO.16-514, RAMALAYAM VEEDHI, KOVVUR, WEST GODAVARI DISTRICT ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, ADDRESS. IRRIGATION AND COMMAD AREA DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, AT ELURU. 3. THE REVENUE DIVISIONAL OFFICER, KOVVUR, WEST GODAVARI 2 DISTRICT 4. THE TAHSILDAR, KOVVUR MANDAL, WEST GODAVARI DISTRICT 5. THE EXECUTIVE ENGINEER, GODAVARI HEAD WORKS DIVISION, ADDRESS. DHAVALESWARAM, EAST GODAVARI DISTRICT 6. THE ASSISTANT ENGINEER, AKANDA GODAVARI RIVER BED (AGRB), ADDRESS. WEST GODAVARI DISTRICT 7. THE EXECUTIVE ENGINEER, P.W. DEPARTMENT, ADDRESS. DHAVALESWARAM, EAST GODAVARI DISTRIC ...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 topleased to issue an appropriate order, writ or direction more particularly one in the nature of writ of mandamus declaring the action of respondents 3, 5 to 7 in permitting some unknown persrons to convert an extent of Ac.3.46 cents in survey No.329/3 and Ac.3.87 cents in survey No.288, of Vemuluru Revenue Village, West Godavari district between the river Godavari and its bund, situated on southern side of ward No.16 of Aurangabad, Kovvur, which is being used as a grave yard, into ramp for transportation of sand and also in not considering the representation dated 27.05.2020 submitted by the petitioners and others, as illegal, arbitrary, unjust and violative of Articles 14, 21 and 300A of the Constitution of India, and consequently direct the respondents not to accord any permission for converting an extent of Ac.3.46 cents in survey No.329/3 and Ac.3.87 cents in survey No.288, of Vemuluru Revenue Village, West Godavari district between the river Godavari and its bund, situated on southern side of ward No.16 of Aurangabad, Kovvur, which is being used as a grave yard, into a sand for transporting sand or not to allot to anybody, in the interest of justice 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 pleased to direct the respondents not to accord any permission for converting an extent of Ac.3.46 cents in survey No.329/3 and Ac.3.87 cents in survey No.288, of Vemuluru Revenue Village, West Godavari district between the river Godavari and its bund, situated on southern side of ward No.16 of Aurangabad, Kovvur, which is being used as a grave yard, into a sand for 3 transporting sand or not to allot to anybody, in the interest of justice, and pass such IA NO: 2 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 Pleased to vacate the interim orders dated 004-06-2020 passed in WP. 9704/2020 Counsel for the Petitioner(S): 1. E V V S RAVI KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 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 order, writ or direction more particularly one in the nature of writ of mandamus declaring the action of respondents 3, 5 to 7 in permitting some unknown persrons to convert an extent of Ac.3.46 cents in survey No.329/3 and Ac.3.87 cents in survey No.288, of Vemuluru Revenue Village, West Godavari district between the river Godavari and its bund, situated on southern side of ward No.16 of Aurangabad, Kovvur, which is being used as a grave yard, into ramp for transportation of sand and also in not considering the representation dated 27.05.2020 submitted by the petitioners and others, as illegal, arbitrary, unjust and violative of Articles 14, 21 and 300A of the Constitution of India, and consequently direct the respondents not to accord any permission for converting an extent of Ac.3.46 cents in survey No.329/3 and Ac.3.87 cents in survey No.288, of Vemuluru Revenue Village, West Godavari district between the river Godavari and its bund, situated on southern side of ward No.16 of Aurangabad, Kovvur, which is being used as a grave yard, into a sand for transporting sand or not to allot to anybody, in the interest of justice and pass….” 2. Brief facts of the case are that the petitioners are residents of 16th ward, Kovvur town. The petitioners along with other villagers are using the land to an extent of Acs.3.46 cents in Sy.No.329/3 and Acs.3.87 cents in Sy.No.288 of Vemuluru Revenue village, West Godavari district which is situated between the Godavari river and its bund, as graveyard since time immemorial. 3. While the matter stood thus, on 26.05.2020, few unknown people entered the aforesaid land with machinery, claiming that respondent Nos.3, 5 to 7 granted permission to them for using the said land for the purpose of ramp for transporting sand from Godavari river. As such, the petitioners and 5 villagers submitted a representation to the respondent authorities on 27.05.2020, with a request not to convert the aforesaid land into a sand ramp. However, no action has been initiated on the said representation. Hence, the present writ petition is filed. 4. When the writ petition came up for admission on 04.06.2020, this Court has directed the respondents to maintain status-quo existing as on that day. 5. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Irrigation. 6. Today when the writ petition came up for hearing, learned Assistant Government Pleader for Irrigation has produced a copy of letter addressed by the Executive Engineer (FAC) Godavari Head Works Division, Dowlaiswaram dated 17.09.2025 wherein it is stated that the subject land belongs to Water Resources Department and in terms of G.O.Ms.No.70 Industries, Infrastructure, Investment & Commerce (MINES-II) department, dated 09.06.2019, the 5th respondent has recommended to consider the representation dated 21.04.2020 of M/s Sri Lakshmi Srinivasa Sand & Boatsman Society Limited, Thogummi to use 200 meters of land only to carryout loading and unloading of de-casted sand in between KM 4.400 to KM 4.600 of A.G.R.B. flood bank in Thogummi village limits for their livelihood. However, pursuant to the interim order passed by this Court on 04.06.2020, no such loading and unloading of de-casted sand is being carried out. It is further stated that the Government has issued new sand policy in G.O.Ms.No.43, Industries & Commerce (Mines-III) department dated 08.07.2024 and that at present, there is no desiltation of sand ramp in between KM 4.400 to KM 4.600 of A.G.R.B flood bank in Thogumi village limits. 6 7. It can be seen from the aforesaid instructions that initially, upon a representation submitted by M/s Sri Lakshmi Srinivasa Sand & Boatsman Society Limited, Thogummi, the respondent authorities have permitted the said society to use 200 meters of land only to carryout loading and unloading of de-casted sand in between KM 4.400 to KM 4.600 of A.G.R.B. flood bank in Thogummi village limits for their livelihood. However, pursuant to the interim order passed by this Court, no such activity is being taken up. Pending the present petition, a new sand policy vide G.O.Ms.No. 43, Industries & Commerce (Mines-III) department dated 08.07.2024 came into force and as per the same, there is no desiltation of sand ramp as aforesaid. However, nowhere it is stated as to whether the respondent authorities have passed any order in pursuance of the representation submitted by the petitioners on 27.05.2020. 8. In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the same by directing the 2nd respondent to pass appropriate order on the representation submitted on 27.05.2020 within a period of four (4) weeks from the date of receipt of a copy of this order, in accordance with law. 9. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :17.09.2025. Gss