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2025 DAILYLAW 19887 (AP)

S VENKATESWARA REDDY v. THE STATE GOVERNMENT OF AP

WP/14020/2025 · 2025-07-27

Kiranmayee Mandava

body2025

Judgment text

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JT I APHC010278422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE KIRANMAYEE WRIT PETITION NO: 14020 OF 2025 Si 0* u.p mandava Between: s Venkateswara Reddy, S/o Venkata Subba Reddy, Aged R/o. Plot No 401, B.R Residency, Nirtnala Nagar, Anjaiah Road, Ongole, Prakasam District Andhra Pradesh. Mine Office Address: Sri Sai Krishna Granites' Surendranagaram Village, Karvetinagaram Mandal, Chittoor District Andhra Pradesh - 517583. ...Petitioner 1. The State Government of AP, Rep. by its Principal Secretary, Indostries and Commerce (Mines) Department District. AND Secretariat Velagapudi, Guntur 2. The Commissioner and Director of Mines and Geology, Government of Andhra Pradesh Ibrahimpatnam, Krishna District. 3. The District Mines and Geology Officer, I 4. The Collector and District Magistrate, Chittor Town 5. The Tahsildar, Karvetinagaram Village and Mandal, 6. The District Forest Officer Chittoor Town and District, and District. Chittoor District. Tirupathi Division Tirupathi Town and District. 7. The Superintendent of Police, Chittoor Town 8. The Station and District Karvetinagaram Police District. House Officer, Karvetinagaram Village and Mandal Chittoor Station ...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 direction or Order or a Writ, more one in the nature of Writ of Mandamus, hold (i) the order dated 20-05-2025 of the 3rd Respondent (District Mines and Geology Officer, Chittoor) in NO.5614/Q1/2015, (ii) proceedings of the Tahsildar, Karvetinagaram Mandal in ROC. B/128/2025 dated 21-05-2025 addressed to the 8th proceedings Respondent (Station House Officer, Karvetinagaram Police Station), (iii) proceedings of the Tahsildar, Karvetinagaram Mandal in ROC. B/128/2025 dated 12-05-2025 and (Iv) withholding giving dispatch permits by the 3rd Respondent Mines and Geology Officer, Chittoor) for the Petitioners quarry lease granted over 2.00 hectares of land in Survey No.714 (old Sy. No. 140/9) of Surendranagaram Village, Karvetinagaram Mandal, Chittoor District arbitrary, biased, discriminatory, illegal, against the Principle Justice, Prejudicial, Predetermined, ultra vires and Unconstitutional and to consequentially set aside the same. (District as of Natural lA NO: 2 OF 2025 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 suspend the proceedings of the Tahsildar, Karvetinagaram Mandal in ROC. B/128/2025 dated 21-05-2025 addressed to the 8th Respondent (Station House Officer, Karvetinagaram Police Station), pending disposal of this writ petition. lA NO: 3 OF 202.<> 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 suspend the proceedings of the Tahsildar, Karvetinagaram Mandal in ROC. B/128/2025 dated 12-05-2025, and pending disposal of this writ petition. lA NO: 4 OF 900^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court direct the 3rd Respondent District Mines & Geology Officer, Chittoor dispatch permits to the Petition pending disposal of this writ may be pleased to to issue petition. Counsel for the Petitioner: SRI VARDHINEEDI SAI KIRAN Counsel for the Respondent Nos. 7 & 8: GP FOR HOME Counsel for the Respondent Nos. 4 & 5: GP FOR REVENUE Counsel for the Respondent No.6: GP FOR FORESTS Counsel for the Respondent Nos. 1 to 3: GP FOR MINES AND The Court made the following order: GEOLOGY APHC010278422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14020 OF 2025 Between: 1.S VENKATESWARA REDDY, S/0 VENKATA SUBBA REDDY, AGED R/0. PLOT NO 401, B.R RESIDENCY, NIRMALA NAGAR, ANJAIAH ROAD, ONGOLE, PRAKASAM DISTRICT, ANDHRA PRADESH. MINE OFFICE ADDRESS SRI SAI KRISHNA GRANITES, SURENDRANAGARAM VILLAGE, KARVETINAGARAM MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH - 517583. ...PETITIONER AND 1.THE STATE GOVERNMENT OF AP, REP. BY ITS PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE DEPARTMENT, SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT. (MINES) 2.THE COMMISSIONER AND DIRECTOR OF MINES AND GEOLOGY, GOVERNMENT OF ANDHRA PRADESH IBRAHIMPATNAM, KRISHNA DISTRICT. 3.THE DISTRICT MINES AND GEOLOGY OFFICER, CHITTOOR TOWN AND DISTRICT. 4.THE COLLECTOR AND DISTRICT MAGISTRATE, CHITTOR TOWN AND DISTRICT. 5.THE TAHSILDAR, KARVETINAGARAM VILLAGE AND MANDAL CHITTOOR DISTRICT. 6.THE DISTRICT FOREST OFFICER, TIRUPATHI DIVISION TIRUPATHI TOWN AND DISTRICT. 2 7.THE SUPERINTENDENT OF POLICE, CHITTOOR DISTRICT 8. THE STATION HOUSE OFFICER, KARVETINAGARAM STATION KARVETINAGARAM VILLAGE AND MANDAL CHITTOOR DISTRICT. TOWN AND POLICE ...RESPONDENT(S): Counsel for the Petitioner: 1.VARDHINEEDI SAI KIRAN Counsel for the Respondent(S): 1.GP FOR HOME 2.GP FOR REVENUE 3.GPFOR FORESTS 4.GP FOR MINES AND GEOLOGY 3 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14020 OF 2025 The Court made the following order: Heard Sri Dr. Venkat Reddy Donthi Reddy, learned Senior Counsel appearing on behalf of Sri Vardhineedi Sai Kiran & G.Krishnaiah, learned counsels appearing for the petitioner and learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 2. It is submitted by the learned Senior Counsel that against the order passed by the Court in I.A.No.lof 2025 in W.P.No.14020 of 2025 dated 30.06.2025, the writ petitioner herein preferred appeal in W.A.No.801 of 2025. The Division Bench of this Court, by order dated 15.07.2025, allowed the said writ appeal and set aside the order in I.A.No.1 of 2025 in W.P.No.14020 of 2025 dated 30.06.2025. 3. The Division Bench while allowing the appeal observed that: “In our view, the order of suspension ordered by the Deputy Director of Mines and Geology is clearly without jurisdiction and we hold so. ” 4. In view of the orders of the Division Bench, the impugned order is set- aside and the Writ Petition is, accordingly, allowed. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1- The Principal Secretary, Industries , Secretariat Velagapudi, Guntur District. and Commerce (Mines) Department 2. The Commissioner and Director of Mines and Geology, Government of Andhra Pradesh Ibrahimpatnam. Krishna District. 3. The District Mines and Geology Officer, Chittoor Town 4. The Collector and District Magistrate, Chittor Town 5. The Tahsildar, Karvetinagaram Village and 6. The District Forest Officer and District, and District. Mandal Chittoor District. Tirupathi Division Tirupathi Town and District. 7. The Superintendent of Police, Chittoor Town and District 8. The Station House Officer Karvetinagaram Police Karvetinagaram Village and Mandal Chittoor District. 9. One CC to Sri Vardhineedi Sai Kiran Advocate [OPUC] 10. Two CCs to GP for Home High Court of Andhra Pradesh 11. Two CCs to GP for Revenue High Court of Andhra 12. Two CCs to GP for Forests High Court of Andhra Station [OUT] Pradesh [OUT] Pradesh [OUT] 13. Two CCs to GP for Mines and Geology High Court of Andhra Pradesh [OUT] 14. Two CD Copies TF HIGH COURT ( DATED:28/07/2025 ORDER WP NO. 14020 OF 2025 ALLOWING THE W.P. WITHOUT COSTS