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High Court of Andhra Pradesh · body

2025 DAILYLAW 24628 (AP)

Bhogadi Soma Sekhar, v. The State of Andhra Pradesh,

WP(PIL)/120/2025 · 2025-07-15

Dhiraj Singh Thakur, Ravi Cheemalapati

Public Interest Litigationbody2025

Judgment text

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I APHC010346842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) w WEDNESDAY,THE SIXTEENTH DAY OF JULY fo HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE - TWO THOUSAND AND TWENTY FIVE A PRESENT AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 120 OF 2025 Between: Bhogadi Soma Sekhar, S/o. Venkata Basara, aged about 38 years, Self- Employed, R/o. D.No. 3rd Ward, Near Pothuraju Temple, Thalagadadeevi Village, Nagayalanka Mandal, Krishna District, A.P., PIN-521120. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Revenue Department, A.P. Secretariat, Guntur District. 2. The State of Andhra Pradesh, Rep. by the Principal Secretary, Department of Mines and Geology, A.P. Secretariat, Amaravathi, Guntur District. 3. The State of Andhra Pradesh, Rep. by the Principal Secretary, Panchayat Raj and Rural Development Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 4. Director of Mines and Geology, Government of Andhra Pradesh, Sri Anjaneya Towers, D.No.7-104, B-Block Ibrahimpatnam, Vijayawada, N.T.R. District, A.P.-521456. Velagapudi, Amaravathi, Velagapudi, 5th Ward, 6th Floor, e 5. Asst Director of Mines and Geology, Government of Andhra Pradesh, Collectorate Compound, Machilipatnam, Krishna District, A.P. 6. Andhra Pradesh Pollution Control Board, Rep, by the Member Kadiyalavaristreert, Moghalrajapuram, Secretary Vijayawada, N.T.R. District-520002. Surayaraopet 7. The District Collector, Krishna District, Machilipatnam. 8. The Revenue Divisional Officer, Chilakalapudi, Machilipatnam, Krishna District-521002. 9. The Divisional Panchayat Officer, Machilipatnam, Krishna District- 521002. 10. The Tahsildar, Nagayalanka Mandal, Krishna District. 11. The Project Director, DWMA Office, Venkateswara Nagar, Mahendra Nagar, Gollapudi, Vijayawada-520012. 12. The Station House Officer, Nagayalanka P.S., Krishna District. 13. Ganapeswaram Gram Panchayat, Rep. by Panchayat Secretary-Cum- Executive Authority, Ganapeswaram Village, Nagayalanka Mandal, Krishna District. 14. Challagondi Gram Panchayat, Rep. by Panchayat Secretary-Cum- Executive Authority, Challagondi Village, Nagayalanka Mandal, Krishna District. 15. Dindi Gram Panchayat, Rep. by Panchayat Secretary-Cum- Executive Authority, Dindi Village, Nagayalanka Mandal, Krishna District. 16. Pullaiah Gari Dibba Gram Panchayat, Rep. by Panchayat Secretary- Cum- Executive Authority, Pullaiah Gari Dibba Village Nagayalanka Mandal, Krishna District 17. Deenadayula Puram Gram Panchayat, Rep. by Panchayat Secretary- Cum- Executive Authority, Deenadayula Puram Village, Nagayalanka Mandal, Krishna District. 18. Sorlagondhi Gram Panchayat, Rep. by Panchayat Secretary-Cum- Executive Authority, Sorlagondhi Village, Nagayalanka Mandal, Krishna District. 19. Peddagavalapalem Gram Panchayat, Rep. by Panchayat Secretary- Cum- Executive Authority, Peddagavalapalem Village, Nagayalanka Mandal, Krishna District. 20. Parrachivara Gram Panchayat, Rep. by Panchayat Secretary-Cum- Executive Authority, Parrachivara Village, Nagayalanka Mandal, Krishna District. 21. Sangameswaram Gram Panchayat, Rep. by Panchayat Secretary- Cum- Executive Authority, Sangameswram Village, Nagayalanka Mandal, Krishna District. 22. Pathaupakali Gram Panchayat, Rep. by Panchayat Secretary-Cum- Executive Authority, Peddagavalapalem Village, Nagayalanka Mandal, Krishna District. 23. Nali Gram Panchayat, Rep. by Panchayat Secretary-Cum- Executive Authority, Nali Village, Nagayalanka Mandal, Krishna District. 24. Gurram Srinivasa Rao, S/o. Not known to the petitioner. Contractor, Nagayalanka, Krishna 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 a Writ Order or Direction, more particularly one in the nature of writ of Mandamus directing the Respondent authorities a) Declaring the action on the part of the Official Respondents No.1 to 12 in not preventing the illegal and unauthorized quarrying activity being carried out by Official Respondent No.24 in large scale and excavation of gravel/Busaka and transportation in the land of the area which is near to sea and surrounding lands covered by in Survey Nos. 227, 228 209, 247 respectively in villages Ganapeswaram, Challagondi, Pullaiahgari Dibba, Peddagavalapalem, Sorlagondhi, Parrachivara^ DeenadyulaPuram, Mali, Sangameswaram, Pathaupakali of Nagayalanka Mandal, Krishna District as Dindi, illegal and violative of provisions of Mining Regulation Act and rules and regulation framed there under, Andhra Pradesh Panchayat Raj Act, 1994 Andhra Pradesh (Andhra Area) (Protection) Act, 1986 and offends Articles 14 and 21 of Constitution of India b) direct the Official Respondents No.2 to 12 to Public Health Act, 1939, Environment prevent the Unofficial Respondent No.24 from carrying out illegal and unauthorized mining activity and excavation of Gravel/Busaka from the aforesaid lands, by seizing the offending vehicles and recovering mining seigniorage with penalty; c) direct the Official Respondents No. 2 to 12 to prevent Unofficial Respondent No. 24 from carrying out illegal and unauthorized mining activity and excavation of gravel/Busaka in the above said villages Nagayalanka Mandal District; d) direct the Official Respondent No. 6 to cancel the granted in favor of Unofficial Respondent No. 24; Krishna quarry lease e) direct the Official Respondents No.2 to 12 to take immediate action balance and prevent further environmental to restore the ecological degradation in the area; f) consequently direct the Official Respondents No.2 to 12 to conduct a thorough investigation into the illegal mining activities and take action against those responsible; g) direct the Unofficial Respondent No. 24 to compensation to the affected villagers and the state government for the environmental damage caused. pay lA NO: 1 OF 2Q2f; 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 Official Respondents Nos.2 to 12 to consider the written representation/complaint dated 25.06.2025 submitted by the Petitioner, until disposal of the above writ petition Counsel for the Petitioner: YENNAM SUDHEER BABU Counsel for the Respondent Nos.1, 7, 8 & 10:GP FOR REVENUE Counsel for the Respondent Nos.2,4 & 5:GP FOR MINES AND GEOLOGY Counsel for the Respondent Nos.3& 9: GP FOR PANCHAYAT RAJ and rural development SRI Y. SOMARAJU, SC FOR APPCB 11: SRI M.S.R. CHANDRA MURTHY, SC for DWMA Counsel for the Respondent No.6: Counsel for the Respondent No. Counsel for the Respondent No.12: Counsel for the Respondent Nos. GP FOR HOME 13 to 23:SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.24; The Court made the following order: 1 HCJ & RC, J WP(PiL)_120_2025 APHC010346842025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No.-7 AT AMARAVATI [3483] WP(PIL) NO: 120 of 2025 Bhogadi Soma Sekhar ...Petitioner Vs. The State of Andhra Pradesh and Others ...Respondent(s) ********** Advocate for Petitioner: Mr. Yennam Sudheer Babu Advocate(s) for Respondent(s): GP for Revenue for R. 1,7,8 &10 GP for Mines and Geology for R.2, 4 & 5, GP for Panchayat Raj & Rural Development for R.3 & R.9, Mr. Y. Somaraju (SC for APPCB) for R.6. GP for Home for R.12, CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 16‘^ July, 2025 DATE P C : The petitioner alleges some illegal sand mining operations being conducted in certain villages in Krishna District. We dispose of this petition with a direction to the Collector, Krishna District, to take notice of the allegations made in the petition which will be also 2 HCJ & RC, J WP(PILL120_2025 placed before him by way of a representation. Such other information as may be required be also sought from the petitioner. Appropriate action if warranted under law be taken forthwith. No order as to costs. i Miscellaneous applications pending, if any, shall stand closed. Sd/-SHAIK MOHD. RAF! ASSISTANT REGISJRAR //TRUE COPY// {ON OFFICER SE To, Department, State of Andhra 1. The Principal Secretary, Revenue Velagapudi, Amaravathi, Guntur District Pradesh, A.P. Secretariat, 2. The Principal Secretary. Department.of Mines and Geology, State of Velagapudi, Amaravathi, Guntur Andhra Pradesh, A.P. Secretariat District. Panchayat Raj and Rural Development A.P. Secretariat, Velagapudi, 3. The Principal Secretary Department, State of Andhra Pradesh Amaravathi, Guntur District. 4. Director of Mines and Geology, Government of Andhra Pradesh, Sri 5th Ward, 6th Floor, D.No.7-104, B-Block, Anjaneya Towers Vijayawada, N.T.R. District, A.P.-521456. Ibrahimpatnam, 5. Asst Director of Mines and Geology. Government of Andhra Pradesh, Collectorate Compound, Machilipatnam, Krishna District, A.P. Pradesh Pollution Control Board, 6. The Member Secretary, Andhra Surayaraopet, Vijayawada Kadiyalavaristreert, Moghalrajapuram, N.T.R. District-520002. District Collector, Krishna District, Machilipatnam. Officer, Chilakalapudi, Machilipatnam, Krishna 7. The 8. The Revenue Divisional District-521002. Divisional Panchayat Officer, Machilipatnam, Krishna District- 9. The 521002. The Tahsildar, Nagayalanka Mandal, Krishna District. 10 11. The Project Director, DWMA Office, Venkateswara Nagar, Mahendra Nagar, Gollapudi, Vijayawada-520012. 12. The Station House Officer, Nagayalanka P.S., Krishna District. 13. The Panchayat Secretary-Cum- Executive Authority, Ganapeswaram Gram Panchayat, Ganapeswaram Village, Krishna District. Nagayalanka Mandal 14. The Panchayat Secretary-Cum- Executive Authority, Challagondi Gram Panchayat, Challagondi Village, Nagayalanka Mandal, Krishna District. 15. The Panchayat Secretary-Cum- Executive Authority, Dindi Gram Panchayat, Dindi Village, Nagayalanka Mandal, Krishna District. 16. The Panchayat Secretary-Cum- Executive Authority, Pullaiah Gari Dibba Gram Panchayat, Pullaiah Gari Dibba Village Nagayalanka Mandal, Krishna District 17. The Panchayat Secretary-Cum-Executive Authority, Deenadayula Puram Gram Panchayat, Deenadayula Puram Village, Nagayalanka Mandal, Krishna District. 18. The Panchayat Secretary-Cum- Executive Authority, Sorlagondhi Gram Panchayat, Sorlagondhi Village, Nagayalanka Mandal, Krishna District. 19. The Panchayat Secretary-Cum-Executive Peddagavalapalem Gram Panchayat, Peddagavalapalem Village, Nagayalanka Mandal, Krishna District. Authority, 20. The Panchayat Secretary-Cum- Executive Authority, Parrachivara Gram Panchayat, , Parrachivara Village, Nagayalanka Mandal, Krishna District. 21. The Panchayat Secretary-Cum-Executive Authority, Sangameswaram Gram Panchayat, Sangameswram Village, Krishna District. Nagayalanka Mandal 22. The Panchayat Secretary-Cum-Executive Authority, Pathaupakali Gram Panchayat, Peddagavalapalem Village, Nagayalanka Mandal, Krishna District. 23. The Panchayat Secretary-Cum- Executive Authority, Mali Gram Panchayat, Mali Village, Nagayalanka Mandal, Krishna District. 24. One CC to Sri Yennam Sudheer Babu, Advocate [OPUC] 25. One CC to Sri Y. Somaraju, SC for APPCB[OPUC] 26. One CC to Sri M.S.R. Chandra Murthy, SC for DWMA[OPUC] 27. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUG] 28. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh [OUT] 29. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] 30. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 31. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh [OUT] 32. Two CD Copies ssb ■■5s HIGH COURT 1 DATED:16/07/2025 ORDER WP(PIL) NO. 120 OF 2025 DISPOSING OF THE W.P(PIL) WITHOUT COSTS