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2025 DAILYLAW 2989 (AP)

Chennapragada Ramesh Babu v. The State of Andhra Pradesh,

WP/789/2021 · 2025-01-06

K Manmadha Rao

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

iV IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K.MANMADHA RAO WRIT PETITION NO: 789 OF 2021 Between: Chennapragada Ramesh Babu, S/o Chakradhar, Aged 45 years, Occ. Agriculture, R/o. Mylavaram Village, Chimakurthy Mandal Prakasam District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat Buildings, Amaravathi, Guntur District. Andhra Pradesh. 2. The Director of Mines and Minerals, Government of Andhra Pradesh, Anjaneya Towers, D.No 7104, Ibrahimpatnam, Vijayawada. 3. The District Collector, Prakasam District, Ongole. 4. The Assistant Director of Mines and Minerals, Maruthi Nagar, Kurnool Road, Ongole. 5. The Tahsildar, Chimakurty Mandal, Prakasam District. 6. The Pollution Control Board of Andhra Pradesh, Currency Naqar Vijayawada 7. M/s R.K.Enterprises, Represented by it's Managing Partner C.B.S Varaprasad, Office D.No.29-28/1-32, Vijayawada, 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 an appropriate Writ, Order or Direction, particularly one in the nature of 'Writ of Mandamus' declaring the respondent No.2 herein in granting mining/quarry lease in favour of the more action of respondent No.7 vide proceedings 620/D9/2020 dated 11.11.2020 in respect of the lands in Survey No 162 to an extent of Ac 4.000 hectares of Rajupalem Laxmipuram Village, Cheemakurty Mandal, Prakasam District, as arbitrary, illegal violating Article 300-A of the Constitution of India, consequently set aside proceedings 620/D9/2020 dated 11.11.2020 issuance of mining/quarry lease by respondent No 2 in favour of respondent No 7 in Survey No 162 in an extent of Ac 4.000 hectares Rajupalem Laxmipuram Village, Cheemakurty Mandal, Prakasam District and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper circumstances of the case. in lA NO: 1 OF 2021 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 of all further proceedings pursuant to the Proceedings 620/D9/2020 dated 11.11.2020 issuance of mining/quarry lease by respondent No 2 in favour of respondent No.7 in Survey No 162 in an extent of Ac 4.000 hectares Rajupalem Laxmipuram Village, Cheemakurty Mandal, Prakasam District, pending disposal of the main Writ Petition. lA NO: 2 OF 2021 Between: M/s R.K.Enterprises, Represented by it's Managing Partner Varaprasad, Office D.No.29-28/1-32, Vijayawada, Krishna District. ...Petitioner/?*'’ Respondent C.B.S AND 1. Chennapragada Ramesh Babu, S/o Chakradhar Aged 45 years Occ Agriculture, R/o. Mylavaram Village, Chimakurthy Mandal Prakasam District, Andhra Pradesh. ...1®* Respondent/Petitioner 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat Buildings, Amaravathi Guntur District. Andhra Pradesh. 3. The Director of Mines and Minerals, Government of Andhra Pradesh, Anjaneya Towers, D.No 7104, Ibrahimpatnam, Vijayawada. 4. The District Collector, Prakasam District, Ongole. 5. The Assistant Director of Mines and Minerals, Maruthi Nagar, Kurnool Road, Ongole. 6. The Tahsildar, Chimakurty Mandal, Prakasam District. 7. The Pollution Control Board of Andhra Pradesh, Currency Nagar Vijayawada ...Respondents 2 to 7/ Respondents No.1 to 6 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 vacate the interim direction passed by the Hon'ble High Court in I.A.No. 1 of 2020 in W.P.No. 789 of 2021 passed in 21-01-2021 and dismiss the present Writ Petition with costs. lA NO: 1 OF 2022 Between: 1. The Director of Mines and Minerals, Government of Andhra Pradesh, Anjaneya Towers, D.No 7104, Ibrahimpatnam, Vijayawada. 2. The Assistant Director of Mines and Minerals, Maruthi Nagar Kurnool Road, Ongole. ’ ...Petitioner/Respondent AND 1. Chennapragada Ramesh Babu, S/o Chakradhar Aged 45 years Occ Agriculture, R/o. Mylavaram Village, Chimakurthy Mandal Prakasam District, Andhra Pradesh. ...Respondent/Petitioner 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat Buildings, Amaravathi Guntur District. Andhra Pradesh. 3. The District Collector, Prakasam District, Ongole. 4. The Tahsildar, Chimakurty Mandal, Prakasam District. 5. The Pollution Control Board of Andhra Pradesh, Currency Naqar Vijayawada ^ ’ 6. M/s R.K.Enterprises, Represented by it's Managing Partner C.B.S Varaprasad, Office D.No.29-28/1-32, Vijayawada, Krishna District. ...Respondents/Respondents are not necessary parties in this Petition) praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to dismiss the writ petition by vacating the interim orders dated. 21.01.2021 in lA No.1 of 2021 in WP No. 789 of 2021. lA NO: 1 OF 2n?4 (Respondent Nos 2 to 6 Petition under Section 151 CPC Between: The Tahsildar, Chimakurty Mandal, Prakasam District. ...Petitioner/Respondent AND 1. Chennapragada Ramesh Babu, S/o Chakradhar, Aged 45 years Occ Agncu ture R/o. Mylavaram Village, Chimakurthy Mandal Prakasam District, Andhra Pradesh. ...Respondent/Petitioner 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat Buildings, Amaravathi, Guntur District. Andhra Pradesh. 3. The Director of Mines and Minerals, Government of Andhra Anjaneya Towers, D.No 7104, Ibrahimpatnam, Vijayawada. 4. The District Collector, Prakasam District, Ongole. Pradesh, 5. The Assistant Director of Mines and Minerals. Maruthi Nagar Kurnool Road, Ongole. 6. The Pollution Control Board of Andhra Pradesh, Currency Naqar Vijayawada ’ 7. M/s R.K.Enterprises, Represented by it's Managing Partner CBS Varaprasad, Office D.No.29-28/1-32. Vijayawada, Krishna District. ...Respondents/Respondents (Respondents 2 to 7 are not necessary parties in this petition) 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 vacate the interim order dated 21-01-2021 in WP.No. 789 of 2021 and dismiss the writ petition. Counsel for the Petitioner: SRI V R MACHAVARAM Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents: GP FOR MINES & GEOLOGY Counsel for the Respondents: SRI V. SURENDRA REDDY, SC for PCB Counsel for the Respondents: SRI SOMISETTY GANESH The Court made the following order: BABU I w APHC010010172021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] n MONDAY .THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 789/2021 N Between: Chennapragada Ramesh Babu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.VR MACHAVARAM Counsel for the Respondent(S): 1.GP FOR REVENUE 2.SOMISETTY GANESH BABU 3.GP FOR MINES AND GEOLOGY 4.V SURENDRA REDDY (SC FOR PCB) The Court made the following Order: Today, when the matter is taken up for hearing, Mr.V.R.Machavara m, learned counsel for the petitioner appeared virtually through video conferencing and seeks permission of this Court to withdraw the present writ petition. f m 2 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. 4. As a sequel, miscellaneous applications pending, if any, shall stand dismissed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// ' SECTION OFFICER To, 1. One CC to Sri V R Machavaram, Advocate [OPUC] 2. One CC to Sri Somisetty Ganesh Babu, Advocate [OPUC] 3. One CC to Sri V Surendra Reddy, SC for PCB [OPUC] 4. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 5. Two CCs to GP for Mines & Geology, High Court of Andhra Pradesh. [OUT] 6. Two CD Copies RAM HIGH COURT DATED:06/01/2025 ORDER OV I 2 2 JAN 2025 ^ . Current aectton . £espATC^ ^ WP.No.789 of 2021 DISMISSING THE WP AS WITHDRAWN WITHOUT COSTS