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High Court of Andhra Pradesh · body

2025 DAILYLAW 13181 (AP)

PILLI SURENDRA BABU v. SASIBHUSHAN KUMAR,I.A.S

CC/2034/2023 · 2025-09-09

Dhiraj Singh Thakur, Ravi Cheemalapati

Public Interest Litigationbody2025

Judgment text

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1 APHC010078952023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE AND THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 19 OF 2023 AND CC No.2034 OF 2023 WP(PIL) NO: 19 OF 2023 Between: Pilli Surendra Babu, S/o.Nagaiah, Age 41 years, Occupation. Ex-Army, Social Activist, R/o.Kesarapalli Village, Gannavaram Mandal, Krishna District, Bank 9640141199, Pin. 5211,02. Andhra Pradesh, Phone. A/c.No.20015914022, Bank Name. S.B.I., Reddygudem. Aadhar Card No. Email ID. au- PAN No. ANLPP8069N 4177 4802 6678 endrababu.pillipgmail.com ...Petitioner AND 1. Union of India, Rep. by Secretary to the Govt, of India, Rashtrapathi Bhawan, New.Dellhi 110 004. 2. The Principal Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavgran Bhawan, Jorbagh Road, New Delhi-110 003. 3. The State of Andhra Pradesh, Rep. by its Chief Secretary, 4‘'^ Block, Secretariat, Velagapudi, Amaravathi - 522 503, Guntur District, A.P. 4. The Principal Secretary, Revenue Department, 4^'^ Block, Secretariat, Velagapudi, Amaravathi - 522 503, Guntur District, A.P. 5. The Director General of Police, Vigilance and Enforcement, NTR Administrative Block, Pandit Nehru Bus Station, Vijayawada - 520 013. 6. The AddI Director General of Police, CBCID, Police Head Quarters, Mangalagiri, Guntur District. 7. The Member Secretary, Andhra Pradesh Pollution Control Board, APPCB D.No.33-26-14 D/2, Near Sunrise Hospital, Pushpa Hotel Centre, Chalamalayari Street, Kasturibaipet, Vijayawada - 520 010. 8. The Director, Department of Mines and Geology, Ibrahimpatnam, Vijayawada, NTR District. 9. The Director, Special Enforcement Bureau, Police Head Quarters, Mangalagiri, Guntur District. 10.The Principal Secretary, Water Resources Department, Secretariat, Velagapudi, Amaravathi - 522 503, Guntur District, A.P. 11.The Engineering Chief, Irrigation, Water Resource Department, Governorpet, Vijayawada. 12.The Collector and District Magistrate, Krishna District, Machilipatnam. 13.The Collector and District Magistrate, NTR Vijayawada District, Vijayawada. 14.The Regional Vigilance and Enforcement Officer, Vigilance and Enforcement Department, Vijayawada, NTR District. 15.Buddi Bhuvindarao Kali, S/o.Satyanarayana, Suram Palli Village Gannavaram Mandal, Krishna District. 16.Dandamudi Sai Krishna Chowdary, S/o.Ramakrishna, R/o.Keesara Village, Kanr.bilcacherla Mandal, NTR District. Ph.8897505319 17.Kareem Khan, S/o.Babu Khan R./o.H.No.6-88/1, Rampur, Dharma Nagar Mandal, Warangal, Telangana - 506 151, Ph.8555961 o6i 18.lnkollu Sunil Kumar, S/o.Sivaji, R/o.D.No.3-77, Bejathpuram Village, Tadikondi Mandal, Guntur District. Ph.9948252849 19.Chalivendra Ramakrishna, S/o.not known, R/o.Naridanauru Village, Unguturu Mandal, Krishna District. Ph. ,8179194479 20.Pothuraju Madhava, S/o.Seshaiah, R/O.Opp. Rice Mill, Kothuru, Tadepalli, Vijayawada Rural Mandal, NTR District. Ph. 9700908499 21.Vuyyuru Gopalrao, S/o. Rangaiah, R/o.Beside Mee-seva Centre, Kothuru, Tadepalli 9490148424. Vijayawada Rural Mandal, NTR District. Ph. 22.Dhulipalla Purnachandra Rao, S/o.Devendra Rao, R/o.Nynavaram Village, Vijayawada Rural Mandal, NTR District. Ph. 9390508999. 23. Akula Srinivasarao, S/o.not known R/o.Kundavari Kandrika, Pathapadu, Vijayawada Rural Mandal, NTR Ph. 8332929497. Ph.9948252849 19.Chalivendra Ramakrishna, S/o.not known, R/o.Naridanauru Village, Unguturu Mandal, Krishna District. Ph. ,8179194479 20.Pothuraju Madhava, S/o.Seshaiah, R/O.Opp. Rice Mill, Kothuru, Tadepalli, Vijayawada Rural Mandal, NTR District. Ph. 9700908499 21.Vuyyuru Gopalrao, S/o. Rangaiah, R/o.Beside Mee-seva Centre, Kothuru, Tadepalli 9490148424. Vijayawada Rural Mandal, NTR District. Ph. 22.Dhulipalla Purnachandra Rao, S/o.Devendra Rao, R/o.Nynavaram Village, Vijayawada Rural Mandal, NTR District. Ph. 9390508999. 23. Akula Srinivasarao, S/o.not known R/o.Kundavari Kandrika, Pathapadu, Vijayawada Rural Mandal, NTR Ph. 8332929497. ...Respondents 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 a Writ, Order, or orders, more particularly one in the nature of Writ of Mandamus, (a) Declaring the inaction of the Respondent authorities in not taking any action against the persons involved in excavating, transporting gravel/clay illegally from the bonds of Polavaram Right Canal in United Krishna District causing Crores of Rupees loss to the State exchequer despite receiving several representations of the petitioner sought for action of the respondent authorities on the persons involved in excavating and transporting on the bonds of Polavaram Right Canal in United Krishna District without any permissions and ha violation of The Mines and Mineral (Development and Regulation) Act, 1957, Environment Protection Act, A.P. Minor Mineral Concession Rules, The Water (Prevention and Control of Pollution) Act, 1974, The Air (Prevention and Control of Pollution) Act, 1981 amounts to -arbitrary, unlawful and dereliction of duty, (b) directing the respondents no mining operation shall takes place on the Polavaram Right Canal in United Krishna District unless all the statutory sanctions, permissions and approvals from the concerned authorities subsisting as per Law, (c) to Appoint a Committee by the 'Experts to assess and estimate the cost of the gravel/clay illegally excavated from the Polavaram Right Canal and damage caused to the canal by the illegal excavation and transportation of the mineral, (d) to direct the respondent to initiate action, criminal cases against all the violators involved either directly or indirectly in illegal mining including erring officials to direct the respondents to make an enquiry by any Specialised Agency to unearth the quantity of gravel/clay illegally excavated and transported from the bunds of Polavaram Right Canal and to punish the .persoa)sinvolved in the illegal mining and directing the recovery of illegal wealth accumulated through illegal mining and directing to punish the erring officials and to repair, restore, revegetate the illegally mined area and compensate for such repairs, restoration and revegetation, (f) to direct the respondents for the Prosecution of the offenders/ violators involved in loss of pilferage of State revenue, offences and illegalitites committed in damaging the Polvaram Right Canal in connivance of public servants in abetting and aiding the offences. lA NO: 1 OF 2023 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 to direct the Respondent authorities to conduct physical verification to the illegal mining areas on the bunds of Polavaram Canal and arrange their staff to stop illegal mining on the bunds of Polavaram Right Canal, pending disposal of the main writ petition. lA NO: 2 OF 2023 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 to direct the Respondent authorities to submit the action taken report to this Hon'ble Court, on the petitioner's representations dated 21.11.2022, pending disposal of the main writ petition. / lA NO: 3 OF 2023 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 to direct the Respondent authorities to forth\A/ith take steps to stop the illegal mining activities conducting on the bunds of Polavaram Right Canal in united Krishna District, pending disposal of the main writ petition. Counsel for the Petitioner : SRI V. R. MAHESWARA RAO PALETI Counsel for the Respondent Nos.1 & 2 : SRI JUPUDI V.K. YAGNADUTT (CENTRAL GOVERNMENT COUNSEL) Counsel for the Respondent No.3 :GP FOR GENERAL ADMINISTRATION Counsel for the Respondent Nos. 4, 12 & 13 : GP FOR REVENUE Counsel for the Respondent Nos.5, 6, 9 & 14 : GP FOR HOME Counsel for the Respondent No.8 : GP FOR MINES AND GEOLOGY Counsel for the Respondent No.7 : SRI Y. SOMARAJU, SC FOR PCB Counsel for the Respondent Nos.10 & 11 : GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT Counsel for the Respondent Nos.15 & 23 : Counsel for the Respondents; SRI RAVULA NAGARJUNA Counsel for the Respondents :SRI KIRTHI TEJA KONDAVEETI Counsel for the Respondents: SRI VEMURU VP LAKSHMINARASIMHA MURTHY APHC010157782023 CONTEMPT CASE NO: 2034 OF 2023 (Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to summon the respondents herein and punish the respondents for willful, deliberate disobedience of the Order of this Honourable Court in W.P.(PIL) No.19 OF 2023, dt.06.03.2023) Between: Pilli Surendra Babu, S/o.Nagaiah, Age 41 years. Occupation. Occupation. Ex-Army, Social Activist, R/o.Kesarapalli Village, Gannavaram Mandal, Krishna District, Andhra Pradesh Phone. 9640141199, Pin. 521102. A/c.No.20015914022, Bank Name. S.B.I., Reddygudem. Aadhar Card No. 4177 4802 6678, PAN No. ANLPP8069N Bank Email ID. surendrababu.pilliPgmail.com ...PetitionerA/Vrit Petitioner AND 1. Sasibhushan Kumar I A S, Principal Secretary, Water Resources Department, Secretariat, Velagapudi, Amaravathi - 522 503, Guntur District, A.P. 2. Sri C. Narayana Reddy, Engineer-in-Chief, Irrigation, Water Resource Department, Governorpet, Vijayawada. ...Respondents/Respondents 10 and 11 in W.P. Counsel for the Petitioner : SRI V. R. MAHESWARA RAO PALETI Counsel for the Respondents: SRI C. SUMON The Court made the following Common Order : ar APHC010078952023 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-l7 & AT AMARAVATI 18 [3483] WP(PIL) NO: 19 of 2023 along with CC.No.2034 of 2023 WP(PIL).No.19of 2023 Pilli Surendra Babu ...Petitioner Vs. Union of India and others ...Respondents ********** Advocate for Petitioner: Mr. V R Maheswara Rao Paleti Advocate(s) for Respondent(s); GP for Home, GP for Revenue, Mr. Jupudi V K Yagnadutt (Central Government Counsel), GP for General Administration, GP for Mines and Geology, GP for Irrigation and CAD, Mr. Y. Somaraju (SC for PCB) CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 10“^ September 2025 DATE PC : Learned counsel for the petitioner fairly states that as on date there is no illegal gravel mining being undertaken at the site in question. i 2 HCJ & RC, J WP(P1LL19_2023 & CC_2034 of 2023 In that view of the matter, the proceedings in the WP(PIL) as also the Contempt Case are closed. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd./- V.DIWAKAR DEPUTY REGISTRAR //TRUE COPY// 9^ SECTION OFFICER To, 1. One CC to Sri V. R. Maheswara Rao Paleti, Advocate [OPUC] 2. Two CCs to GP for Flome, High Court of Andhra Pradesh [OUT] 3. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 4. One CC to Sri Jupudi V. K. Yagnadutt, (Central Government Counsel) [OPUC] 5. Two CCs to GP for General Administration, High Court of Andhra Pradesh [OUT 6. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Irrigation and Command Area Development, High Court of Andhra Pradesh [OUT] 8. One CC to Sri Y. Somaraju, SC for PCB (OPUC) 9. One CC to Sri Ravula Nagarjuna, Advocate [OPUC] 10.One CC to Sri Kirthi Teja Kondaveeti, Advocate [OPUC] 11.One CC to Sri Vemuru VP Lakshminarasimha Murthy, Advocate [OPUC] 12. One CC to Sri C. Sumon, Advocate (OPUC) 13.Two CD Copies Cnr % HIGH COURT DATED: 10/09/2025 COMMON ORDER WP(PIL) NO. 19 OF 2023 and C.C. No.2034 of 2023 CLOSING THE WP(PIL) & CONTEMPT CASE WITHOUT COSTS