? APHC010417102025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTIETH DAY OF AUGUST.^ TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTIQE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI ^ WP(PIL) NO: 155 OF 2025 Between: Sanjeev Datt Konakanchi, S/o. Sambasivarao Konakanchi years, R/o. 16-63/1, Sivalayam road. District-521456 Aged- 33 Ferry, Ibrahimpatnam, NTR ...Petitioner^ AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat, Velagapudi, Amaravati. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Resources Department, Secretariat, Velagapudi, Amaravati. 3. The Chief Commissioner of Land Administration, Government of Andhra Pradesh, Mangalagiri, Guntur District. 4. The District Collector, East Godavari District, Andhra Pradesh. 5. River Conservator / Executive Department, Godavari Division, District, Andhra Pradesh. 6. Andhra Pradesh Tourism Development Corporation, Rep. by its Chairman, Stalin Corporate Office, 55-17-2-4, Auto Nagar, Vijayawada. ...Respondents' praying that in the circumstances stated in the affidavit filed therewith, the High Court Revenue Water Engineer, Irrigation and CAD Rajamahendravaram, East Godavari Petition under Article 226 of the Constitution of India may be^ r pleased to issue a writ or order, orders or directions more particularly one in the nature of Writ of Certiorari or Mandamus - i) Declare G.O.M.S No. 90, Revenue (Lands -III) Department dated 12.03.2025, as illegal, arbitrary and unconstitutional, ii) Direct the respondents to cancel the said G.O. and refrain from alienating or alternating the riverbed land in question, iii) Direct an independent environmental and legal assessment of the land and river stretch involved, r lA NO: 1 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 grant stay on further proceedings of G.O.M.S.No.90 dated 12.03.2025 issued by the Revenue (Lands -III] Department.. Counsel for the Petitioner: SRI RAVI TEJA SRI RAVITEJA PADIRI, REPRESENTING M/S PILLA YASWANI Counsel for the Respondents: SMT. S. PRANATHI, SPECIAL GP The Court made the following order: H' APHC010417102025 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No;-3 AT AMARAVATI [3483] W.P(PIL).No.155 of 2025 Sanjeev Datt Konakanchi ...Petitioner Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioner Sri Ravi Teja Padiri representing Ms. Pilla Yaswani Smt S. Pranathi, learned Special Government Pleader. Advocate for Respondents CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 20th August 2025 PC : The petitioner in the present petition has challenged G.O.Ms.No.90, Revenue (Lands-lll) Department dated 12.03.2025 whereby it has been resolved to recommend the transfer of Government Land to an extent of Ac.116-974 cents situated in Sy.No.799 in favour of Andhra Pradesh Tourism Authority for development of Havlock Project in Rajamahendravaram Urban Mandal and Town, East Godavari District. 2. The issue raised by the petitioner in the present petition is that such a transfer permitting the development of the river bed of the Godavari River without following the mandate of the Andhra Pradesh (Andhra Area) Rivers Conservancy Act, 1884 (for short, “the Act”) is impermissible. w 2 It is stated that information was obtained by the petitioner under the Right to Information Act, 2005 wherein the Deputy Secretary to Government, Water Resources (LA) Department had informed the petitioner that the Water Resources (LA) Department had not granted permissions for alienation or any construction activity on the river bed in Sy.No.799 as mentioned in G.O.Ms.No.90. It was also informed through the aforementioned communication dated 27.03.2025 that the Revenue Department had not consulted the Water Resources (LA) Department before issuance of the 3. above Government Order. We have not been shown any specific provision which would require prior permission of the authorities under the Act before transferring the land from one Government Department to another. However, on a perusal of the Government Order impugned, it is clear that the authorities have been mandated to follow the guidelines under the Act and the National Green Tribunal Guidelines apart from permissions and clearances from the Pollution Control Board before any activity is undertaken. 4. Since the Government Order itself envisages sufficient safeguards with regard to compliance of the directions under the Act, we feel that no 5. interference is warranted. Be that as it may, the proceedings are closed. It is clarified that before any activity is undertaken on the land in question, which now stands 6. 3 transferred to the Tourism Authorities, the requisite permissions in terms of the Act would be obtained. No costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- M RAMESH BABU DEPUTY REGISTER //TRUE COPY// SECTION OFFICER To 1. One CC to M/s. Pilla Yaswani Advocate [OPUC] ^ 2. OneCCto Smt S Pranati special GP [OPUC] ^ 3. Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT^ 4. Two CCs to GP For Irrigation and CAD High Court of Andhra Pradesh [OUT] 5. Two CD Copies GSC r HIGH COURT DATED;20/08/2025 ORDER WP(PIL) NO. 155 OF 2025 ^ 0« SEP 2025 jg) CLOSING THE WP(PIL) WITHOUT COSTS