Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY. THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 23711 OF 2016 Between; Aduri Srinivasulu, S/o. Balakrishnaiah, Aged about 48 Yrs, Occ. Pvt Employee Cum Agriculture R/o. Jogipalli Village and Post, Syadapuram Mandal, SPSR Nellore Dist. ...Petitioner AND
1. The State of Andhra Pradesh, Rep by its Principal Secretary, Mines and Geology Department, Saifabad, Secretariat Bldgs, Hyderabad
2. The Director, Mines & Geology Department, B R K Bhavan, Tank Band Road, Hyderabad
3. The Asst. Director, Mines & Geology Department, Nellore, SPSR Nellore Dist. 4. The Thasildar, Syadapuram Mandal, Gudur Division, SPSR Nellore Dist. 5. M/s. Sri Sai Pawan Mines & Mineral, plot No. 18, Industrial Estate, Settipalli Post, Renigunta Road, Tirupathi, Chittoor Dist. ...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-declaring the inaction on the part of the respondents 2 to 4 in taking action on petitioner's representation Dt. 11.4.2016 against the 5th respondent for conducting mining operations in his patta lands for an extent of Ac. 111.11 cents in Sy No. 529 situated at Molakalapundia Village, Syadapuram Mandal, SPSR Nellore District under the guise of Proceedings No. 634/M/2001 Dt. 27.7.2001 passed by Respondent No.3 without knowledge of the petitioner and his family members is illegal, arbitrary and contrary to law and consequently direct the respondents to dispose the petitioner's representation Dt. 11.4.2016 forthwith in the interest of justice. I.A. NO:
1 OF 2016(WPMP. NO: 29211 OF 2016) 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 respondents 2 to 4 to take action on the petitioner's representation Dt. 11.4.2016 immediately pending disposal of WP in the interest of justice. Counsel for the Petitioner: SRI. T JANARDHAN RAO Counsel for the Respondent Nos.
1 to 3: GP FOR MINES AND GEOLOGY Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondent No. 5: SRI SIVARAJU SRINIVAS The Court made the following order:
I 1 % APHC010452502016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] MONDAY ,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 23711/2016 Between; ...PETITIONER Aduri Srinivasulu AND ...RESPONDENT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner:
1.T JANARDHAN RAO Counsel for the Respondent(S);
1,GP FOR MINES AND GEOLOGY (AP) 2.GP FOR REVENUE (AP) 3.SIVARAJU SRINIVAS 4.GP FOR INDUSTRIES COMMERCE (AP) The Court made the following:
ORDER: The Writ Petition is fiied under Articie 226 of the Constitution of india seeking the following relief;
2 t-
“ declaring the inaction on the part of the respondents 2 to 4 in taking action on petitioner's representation Dt.11.4.2016 against the 5"’ respondent for conducting mining operations in his patta lands for an extent of Ac. 111.11 cents in Sy.No.529 situated at Molakalapundia Village, Syadapuram Mandal, SPSR Nellore District under the guise of Proceedings NO.634/M/2001, Dt.27.7.2001 passed by Respondent No.3 without knowledge of the petitioner and his family members is illegal, arbitrary and contrary to law and consequently direct the respondents to dispose the petitioner’s representation Dt.11.4.2016 forthwith in the interest of justice and to pass such other order or orders ”
2. Heard
learned counsel for the petitioner and learned Assistant Government Pleader for Mines and Geology, appearing for the respondents 1 to 3.
3. On hearing, learned counsel for the petitioner reiterated the contentions which are urged in the writ petition and limited his request to dispose of the representation dated 11.04.2016 submitted by the petitioner, without touching the merits of the case. On the other hand, learned Assistant Government Pleader for Mines and Geology, appearing for the respondents 1 to 3, readily agreed to dispose of the said representation submitted by the petitioner, if any, pending with the respondent-authorities.
4. In view of the submission of the learned Assistant Government Pleader, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of
5. the Judgment of the Honourable Apex Court in “The Government of India v.
i i 3 € P.Venkatesh^”, wherein the Honourable Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do no service to the cause of justice-. Hence, find no other alternative except to issue such direction. In the result, the Writ Petition is
disposed of, directing the respondents 2 to 4 to dispose of the representation dated 11.04.2016
6. submitted by the petitioner, as expeditiously as possible, preferably within a period of six (06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
7. As -a sequel, miscellaneous applications pending, if any, shall stand closed.
Sd/- B PRASADA RAO EGISTRAR / SISTANT^ SECfiS^ OFFICER AS //TRUE COPY// To,
1. The Principal Secretary, Mines and Geology Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur.
2. The Director, Mines & Geology Department, Vijayawada. Andhra Pradesh.
3. The Asst. Director, Mines & Geology Department, Nellore, SPSR Nellore Dist.
4. The Thasildar, Syadapuram Mandal, Gudur Division, SPSR Nellore Dist.
5. One CC to Sri. T Janardhan Rao Advocate [OPUC]
6. One CC to Sri. Sivaraju Srinivas Advocate [OPUC]
7. Two CCs to GP For Mines And Geology, High Court Of Andhra Pradesh. [OUT]
4
8. Two CCs to GP For Revenue, High Court Of Andhra Pradesh. [OUT]
9. Three CD Copies GSC
HIGH COURT DATED:20/01/2025
ORDER WP.No.23711 of 2016 Of % X 2 9 JAN 2C:3 I co>: . Current Section DISPOSING THE WP WITHOUT COSTS