KIMUDU SIVA LAKSHMI v. THE STATE OF ANDHRA PRADESH
WP(PIL)/88/2025 · 2025-08-05
Dhiraj Singh Thakur, Ravi Cheemalapati
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 16206 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16206 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
I APHC010212772025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI i (Special Original Jurisdiction) I S;*S r.r-*' I.- m 7^ s >: o WEDNESDAY,the SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 88 OF 2025 Between; Smt.Kimuclu Siva Lakshmi, D/o. Late Bodakonda Padal, Aged 43 years, Occ;Cultivation, R/o Raannapeta Reveneue & Village Sarabavaram Panchayathi Rolugunta Ankapalli District, Andhra Pradpsh Aadhar No. 3662 4975 3647, Pan No;DYiPKl897L. AND The State of Andhra Pradesh, Rep. by its Principal Secretary to Government Department of Mines and Geology, Secretariat Velagapudi, Amaravathi, Guntur District. Mandal, ...Petitioner
1. 2. The State of Andhra Pradesh, Rep,.by its Principal Secretary to Government Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj Department, Secretariat, Velagapudi, Amaravathi, Guntur District. The Director of Mines and Geology Department SnAnjaneyaTowers,D.No;7-104,B-Block 5‘'^&6'^FIoors,lbrahimpatnam, Vijayawada-521456. 5. The Deputy Director of Mines and Geology, Mines and Geology Department, Anakapalli, Anakapalli District. 3. 4. « r M' .-r- 6; The Asst. Director of Mines and Geology Mines and Geology Department. Narsipatanam mandal Anakapalli District. The Member-Secretary, A.P. Pollution Control Board, Kadiyalavari Street, Mogalrajpuram, Suryaraopet,Vijayawada-520002. 7. The Environmental Engineer, A.P. Pollution Control Board, Anakapalli, Anakapalli District. 8. The District Collector& District Magistrate , Anakapalli District at Anakapalli. 9. The Revenue Divisional Officer, Narsipatanam Anakapalli District. 10. The Divisional Panchayat Officer, Anakapalli, Anakapalli District. 11. The Tahsildar, Rolugunta Mandal, AnakapalliDistrict. 12. The Panchayat Secretary cum Executive Authority, Sarabavaram Gram Panchayat, Rajannapeta Revenue Village, Rolugunta Mandal Anakapalli District. 13. The Station House Officer, Rolugunta Police Station, Rolugunta Mandal, Anakapalli District. 14. 1r ^VBoppana Global Civil Constructions Pvt. Ltd Rep by its Managing Director, B.G. Chovv/d O/o.D.No. 8-2-269/90-91, Road No.2, BanjaraHiJIs, Hyderabad, Telangana State. ary
16. Yeka Veera Raju, (Leaseholder) R/o SarabhavaramVillage, Rolugunta Mandal, Anakapalli District.
....Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may • be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS a) declaring the inaction on the part of Respondents No. 1 to 14 in preventing the illegal and indiscriminate mining activity being carried out by Respondents No. 15 and 16 large scale and excavation of gravel and black stones in the total land of the Hill Area of an extent of 8 hectors covered by Sy.Nos.21/1 and 91 of Sarabavaram Panchayat, Rajannapeta Revenue Village, Rolugunta Mandal, Anakapalli District as illegal, irregular, irrational and violative of provisions of Mining Regulation Act and rules and regulations framed there under, Andhra Pradesh Panchayat Raj Act,
1994. Andhra Pradesh (Andhra Area) Public Health Act, 1939; Environment (Protection) Act, 1986 and offends Articles 14 and 21 of Constitution of India, b) to direct Respondents No. 2 to 14 to prevent Respondent No. 15 and 16 from carrying out illegal and unauthorized mining activity and excavation of gravel and black stones in the Hill Area of Sarabavaram Village, Rolugunta Mandal, Anakapalli District, c) to directing Respondent No. 6 to cancel the quarry lease granted in favor of Respondent No. 15 and 16. d) to direct Respondents No. 2 to 14 to take immediate action to restore the ecological balance and prevent further environmental degradation in the area e) and consequently to direct Respondents No. 2 to 14 to conduct a thorough investigation into the illegal mining activities and take action against those responsible, f) And to direct Respondent No. 15 and 16 to pay compensation to the affected villagers and the state government for the environmental damage caused.
lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct Respondents Nos. 2 to 14 to consider the representation/complaint dated 02.01.2025 submitted by the petitioners, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI B BALAIAH REPRESENTING SRI NANI BABU ROBBA Counsel for the Respondent Nos. 3 & 11: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.14: GP FOR HOME Counsel for the Respondent Nos. 2, 9, 10 & 12: GP FOR REVENUE Counsel for the Respondent Nos. 7 & 8: SRI YELISETTI (STANDING COUNSEL APPCB ) SOMARAJU Counsel for the Respondent Nos. 1, 4, 5 & 6: GP FOR MINES AND GEOLOGY SRI Y KOTESWARA RAO (SC FOR ZPPS, MPPS & GP) 15& 16: —- Counsel for the Respondent No.13: Counsel for the Respondent Nos. The Court made the following order:
APHC010212772025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-44 [3483] AT AMARAVATI WP(PIL) NO: 88 of 2025 Smt. Kimudu Siva Lakshmi ...Petitioner Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioner ; Mr. B. Balaiah appearing vice Mr. Nani Babu Robba : GP for Panchayat Raj & Rural Development GP for Mines and Geology, GP for Home & Mr. Yelisetti Somaraju, Standing Counsel to APPCB CORAM .THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 6th August 2025 Advocates for Respondents DATE PC :
Learned counsel for the petitioner seeks permission of this Court to withdraw this Writ Petition. This W.P.(PIL) is. accordingly, dismissed as withdrawn. No costs. Consequently, connected miscellaneous applications, if any, shall stand closed.
Sd/- M. SRINIVAS ASSISTANT REGiSTRAR //TRUE COPY// 'section OFFICER To,
1. One CC to Sri Nani Babu Robba, Advocate [OPUC] Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh [OUT] Two CCs to GP for Home, High Court of Andhra Pradesh [OUT]
2.
3.
4. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
5. One CC to Sri Yelisetti Somaraju, Standing Counsel APPCB Advocate [OPUC]
6. One CC to Sri Y Koteswara Rao, SC for ZPPS, MPPS & GP, Advocate [OPUC]
7. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh [OUT]
8. Two CD Copies TF
HIGH COURT DATED:06/08/2025
ORDER WP(PIL) NO. 88 OF 2025 DISMISSING THE W.P.(PIL) AS WITHDRAWN, WITHOUT COSTS