APHC010185782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 9480 of 2025 Between: Mummidi Venkateswara Rao and others ...Petitioners AND The State of Andhra Pradesh and others ...Respondents Counsel for the Petitioners: 1. K B Ramanna Dora Counsel for the Respondents: 1. GP for Irrigation and CAD 2. GP for Mines and Geology The Court made the following order: The writ petition is filed challenging the inaction of the respondents in taking any action against the illegal and unauthorized excavation of soil in Papididoddi lake located in Sy.No.2 between the Fakruddinpalem and Viravada Village, Pithapuram Mandal, Kakinada District, Andhra Pradesh. 2. Heard Sri K.B.Ramanna Dora, learned counsel for the petitioners and Smt. Sudeepthi Potluri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 2 3. The contention of the petitioners is that the subject excavation is causing damage to water resources. The excavation is resulting in deep pits being dug in the irrigation channel, during the rainy season the same are posing a threat to the lives of cattle. 4. The learned counsel for the petitioners submits that the petitioners have filed a representation before the concerned authorities. However, no action has been taken against the said unauthorized and illegal excavation of soil. 5. Today, when the matter is taken up for admission, Smt. Sudeepthi Potluri, learned Assistant Government Pleader for Mines and Geology, placed on record a copy of the written instructions received from the District Mines and Geology Officer, Kakinada. A perusal of the same would reveal that the subject land is an irrigation tank, and the Irrigation Department is the custodian of the land, and the said department would be responsible for safeguarding irrigation tanks and channels from unauthorized trespassing and excavation and not the Department of Mines. 6. It is further stated that pursuant to the representation of the petitioner, an enquiry was conducted on the issue. In the enquiry conducted by the Mining Department, villagers said that earlier, certain kiln operators attempted to excavate the ordinary earth from the irrigation tank, but the villagers objected and stopped them. During the inspection, no excavations and machinery were found. 7. The learned Assistant Government Pleader for Revenue submitted that the petitioners had filed a representation before the authorities and the writ 3 petition before this Court on the assumption that the illegal exaction may take place and that there is no basis to file the writ petition, as the inspection report indicates that no excavations have taken place on the subject land. 8. The written instructions of the District Mines and Geology Officer, Kakinada, is placed on record (copy of the written instructions of the District Mines and Geology Officer, Kakinada, do not contain the enquiry report and the photographs said to have been annexed to the written instructions). 9. In view of the foregoing, the writ petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. _______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 17.04.2025 BSK 4 12 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 9480/2025 Date: 17.04.2025 BSK