IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 12535 OF 2025 / Between: M/s. Varsha and Co, Rep.by its Prop.M.S.Varsha D/o.Srinivasan, aged about 21 years, R/o D.no.8/113, Periyar Nagar, Narnambedu Sholavaram, Thiruvallur District, Tamil Nadu. ...PETITIONER AND 1. State of Andhra Pradesh, Rep by its Principal Secretary, Ind and Com (Mines. I) Dept. Secretariat building Amaravathi, Secretariat, Guntur District. 2. The District Mines and Geology Officer, DDM and G, Chittoor Chittoor District. 3. The District Collector, Chittoor, Chittoor District 4. The Tahsildar, Vijayapuram Mandai Chittoor District. 5. Maharajapuram Gram Panchayath, Rep by its Panchayath Secretary Maharajapuram Village,ViJayapuram Mandai Chittoor District. ...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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the report in Roc. No.A/393/2025, Dt 03-04- 2025 of the 4*'^ respondent as illegal improper, unjust, arbitrary and contrary to the resolution passed by the 5 respondent gramapanchayath dt 02-10-2024 and further direct the respondents 3 and 4 to issue NOC as per the resolution passed by the 5 respondent gramapanchayath and with a consequential direction to the 2 / th th nd mtf p ^ respondent to grant Temporary permit for supply of ordinary earth over an extent of 4.000 Meet in Sy.No. 188/2 to 9 of Maharajapuram village forthwith. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of the report in Roc.No.A/393/2025,Dt:03-04-2025 of the 4*^ respondent and further direct the 2nd respondent to permit the petitioner to supply of ordinary earth over an extent of 4.000 Meet in Sy.'No. 188/2 to 9 of Maharajapuram village as per the resolution given by the 5^^ respondent pending disposal of the above WP. Counsel for the Petitioner : SRI G SEENA KUMAR Counsel for the Respondent Nos.1 & 2 : GP FOR MINES AND GEOLOGY Counsel for the Respondent Nos.3 & 4 : GP FOR REVENUE Counsel for the Respondent No.5 : SRI M. SUDHIR, SC FOR GRAM PANCHAYAT The Court made the following: ORDER APHC010241222025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 12535 of 2025 Between: M/s Varsha And Co ...Petitioner AND State of Andhra Pradesh and others ...Respondents Counsel for the Petitioner: 1.G Seena Kumar Counsel for the Respondents: 1 .GP for Revenue 2.GP for Mines and Geology The Court made the following order: Heard Sri G.Seena Kumar, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. Challenging the report dated 03.04.2025 of the 4*^ respondent Tahsildar which is stated to be contrary to the resolution passed by the respondent Grampanchayat dated 02.10.2024, the instant writ petition is filed. 2. 2 nd 3. The petitioner has made an application on 28.04.2024 to the 2 respondent for grant of temporary permit for supply of ordinary earth over an extent of 4.000 hectares in Sy.No. 188/2 to 9 of Maharajapuram Village Vijayapuram Mandal, Chittoor District. Pursuant to the same, report was called from 4‘^ respondent-Tahsildar. However, the Tahsildar did not submit the report as called for. Therefore, the petitioner had to approach this Court by way of writ petition in W.P.No.8735 of 2025. Subsequent thereto, the 4*^ respondent-Tahsildar has submitted the report stating that the classification of the subject land in the revenue records is classified as “Anaadenam”. Therefore, a notice in Form A1 was published in the village on 06.02.2025. The Village Revenue Officer and Revenue Inspector have submitted a report stating that the villages have objected for issuance of No objection for quarrying, in favour of the petitioner. In view of the said objection it is stated by the Tahsildar, the quarrying in the subject land may not be permissible. 4. Learned counsel for the petitioner relies on a resolution passed by the Gram Panchayat dated 02.10.2024, expressing no objection to the issuance of the permit for quarrying in favour of the petitioner. The learned counsel for the petitioner thus submits that in view of the resolution of the Gram Panchayat that they have no objection, if the petitioner’s company is permitted to excavate gravel. The learned counsel for the petitioner contends that the report of the Tahsildar dated 03.04.2025 is contrary to the resolution dated 02.10.2024 of the Gram Panchayat. The petitioner prays for the issuance of an NOC in accordance with the resolution passed by the 5th respondent. 3 The learned Assistant Government Pleader for Revenue appearing for the respondents submits that the resolution is of the Gram Panchayat, while the proceedings of the Tahsildar are on the basis of the report of the Village Revenue Officer and Revenue Inspector of the village. Therefore, the Tahsildar has noted the objections of the villages. On the basis of the same, i tt|e Tahsildar has rightly issued the proceedings. Thus, the petitioner is not ^ j entitled to the issuance of a quarry lease 5. 6. Having regard to the contentions advanced, the impugned order is set aside. The matter is remanded to the 3^^^ and respondents for fresh respondents are directed to consider the consideration. The 3'^'^ and 4' resolution passed by the 5'^ respondent. Gram Panchayat, on 23.04.2025 and pass appropriate orders regarding the issuance of the NOC, after affording due opportunity of hearing to the petitioner. Accordingly, The Writ Petition is disposed of. There shall be no order as 7. to costs. As a sequel, miscellaneous applications, if any pending, shall also stand closed. Sd/- K J RAJA BABU GISTRAR SECTIOhl OFFICER 1 I //TRUE COPY// assistant K To, 1. The Principal Secretary, Ind and Com (MinesJ) Dept Pradesh, Secretariat building Amaravathi, Secretariat, 2. The District Mines and Geology Officer, DDM and G, Chittoor Chittoor District. 3. The District Collector, Chittoor, Chittoor District 4. The Tahsildar, Vijayapuram Mandai Chittoor District. Maharajapuram Gram Panchayath Maharajapuram Village,ViJayapuram Manda| Chittoor District. 6. One CC to Sri G. Seena Kumar, Advocate [OPUC] ^ [OUT^^^ Geology, High Court of Andhra Pradesh. 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. 9. One CC to Sri M. Sudhir, SC for Gram Panchayat (OPUC) 10.Three C.D. Copies. / [OUT] / Cnr HIGH COURT DATED:08/05/2025 ORDER WP.No.12535 of 2025 DISPOSING OF THE W.P. WITHOUT COSTS