APHC010009462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 903/2025 Between: Mullapudi Padma, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. P R K AMERANDRA KUMAR Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY The Court made the following: ORDER This petition is filed under Article 226 of the Constitution of India for the following relief:- “…may be pleased to issue order or direction more particularly one in the nature of Writ of MANDAMUS declare the action of the respondent in not considering the application filed by the petitioners for grant of permission to remove the sand in Sy.No.164 of an extent of Ac.5.00 cts and Sy.No.170 an extent of Ac.4.00 cts situated at Prakkilanka Village, Thallapudi Mandal, East Godavari District as illegal, arbitrary and contrary to the provisions of AP Mines and Minerals Concession Rules, 1966 and consequentially direct the respondents to consider the application filed by the petitioners on 23 11.2024 for grant of permission to remove the sand from the agriculture land covered in Sy.No.164 of an extent of Ac.5.00 cts and Sy.No.170 an extent of Ac.4.00 cts situated at Prakkilanka Village Thallapudi Mandal East Godavari District for the purpose of cultivation and to pass…”. 2. The case of the petitioners in brief is that the petitioners are in possession and enjoyment of the land covered in R.S.No.164 to an extent of Ac.17.45 cents, R.S.No.170 to an extent of Ac.15.10 cents situated at Prakkilanka Village, Thallapudi Mandal, East Godavari District. Though the father of the 1st petitioner is protected tenant of the scheduled land, the Muthangi Srimanarayana and his family members who are connected with the subject land made attempts to dispossess the father of the 1st petitioner from the schedule land. Hence, he filed a suit in O.S.No.306 of 1973 on the file of the District Munsiff Court, Kovvur seeking permanent injunction against the said persons. The said suit was decreed in favour of the father of the petitioner. Subsequently, the father of the petitioners died on 01.11.2020 and has executed a will deed in favour of the petitioners. As the land is merged in the water of Godavari during rainy season, the petitioners made an application before the respondents for de-casting the sand from the agriculture land on 25.01.2020. On such application, the 2nd respondent in letter No.1664/PLS/2019, dated 25.01.2020 addressed a letter to the Tahsildar, Thallapudi to attend the Joint Inspection over the applied area to verify whether the area is fit for de-casting of sand from the patta lands and requested him to fix the boundaries of the said patta land. Pending consideration of the application, he died on 01.11.2020. Being LRs, the petitioners approached respondents several times requesting them for decasting the sand from the agriculture land by giving permission. But for the reasons best know to the respondents, the respondents have not considered the same. Hence, the present Writ Petition is filed. 3. Heard Mr P.R.K.Amarendra Kumar, learned counsel appearing online through video conferencing for the petitioners and Smt P.Sudeepthi, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 4. On hearing, learned counsel for the petitioners submits that though the petitioners has submitted application, dated 23.11.2024 to the respondents, for de-casting the sand from the agriculture land, but the respondent authorities has not considered the said application, which is illegal, arbitrary and violative of principles of natural justice. Hence, the learned counsel for the petitioners requests to pass appropriate orders. 5. Learned Assistant Government Pleader appearing for the respondents submits that the application submitted by the petitioners was rejected by the respondent authorities and prayed to dismiss the same. 6. Considering the submissions of learned counsel for the petitioners and the learned Assistant Government Pleader, the petitioners are directed to submit a fresh application to the respondent authorities for de-casting the sand from the agriculture land within a period of one week from the date of receipt of a copy of this order. On receipt of the said application, the respondents are directed to consider the same and pass appropriate reasoned orders in accordance with law within a period of two (02) months thereafter. 7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________ DR. K. MANMADHA RAO, J. Date : 10.01.2025 TM HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION NO: 903/2025 Date :10.01.2025 TM