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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA ^ ^ WRIT PETITION NO: 6756 OF 2025 f yr Z' Between: C.Susilamma, W/o. C.Narasimha Raju, Residing at Door No.1, Thaduku, Vadamalapeta Mandalam, Alimelu Mangapuram Tirupathi District, Andhra Pradesh. / ...Petitioner .and • 5 r . 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Mines and Geology, Secretariat Buildings, Velagapudi Village Amaravathi. 2. The Director of Mines and Geology, Ibrahimpatnam, Vijayawada, Andhra Pradesh. 3. Deputy Director of Mines and Geology, Tirupathi, Tirupathi District. 4. District Mines and Geology Officer, Tirupathi, Tirupathi District. 5. Directorate General of Mines Safety, DGMS Head Office, Sardar Patel Nagar Dhanbad, Jharkhand - 826 001. 6. Deputy Director of Mines and Safety, Opposite to SP Bungalow Darghamitta, SPSR Nellore District. 7. The District Collector, Tirupathi District, Tirupathi. 8. The Revenue Divisional Officer, Tirupathi District, Tirupathi. 9. The Tahsildhar, Puttur Mandal, Tirupathi. 10. Andhra Pradesh Pollution Control Board, Represented by its Member Secretai7 p.No.33-26-14 p/2, Near Sunrise Hospital, Pushpa Hotel Centre, Chalamavalari street, Kasturibaipet, Vijayawada. ^ ^ Environment Impact Assessment Authority, Represented by its Member Secretary, D.No.33-26-14 D/2, Near Sunrise Hospital Pushpa Hotel Centre, Chalamavalari street, Kasturibaipet, Vijayawada. 12.M/S SLN MSAND TADUKU PVT LTD., Rep. By Its Managing Director, Krishna Kumar Kotapati Plot No.890, 5th Floor, Swamy Ayyappa Co- Sri Anjaneya Towers
/ / I operative Society, Madhapur, Hyderabad, Shaikpet, Telangana - 500 081 / ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ more parttcularly in the form of Writ of Mandamus declaring action of the respondents in not initiating any action as against the illegal mining activity being carried out abutting the agriculture lands belonging to the petitioner upto an extent of Ac.1.60 cents in Sy.No.187/3, may Taduku Village, Puttur Mandal, Tirupati District Previously Chittoor District) (Impugned Action) as per se illegal, manifestly arbitrary irrational, perverse, unfair, biased, preposterous, whimsical. unreasonable.
unreasonable. capricious, unconscionable, unconstitutional besides being violative of Principles of Natural Justice besides being opposed to the very spirit and object of Justice and Fair-play and Fundaniental Rights guaranteed under Article 14, 19, 21 and 300A of the Constitutiori of India and to consequentially direct the respondents to stop the illegal mining activity lA NO: 1 OF 2Q2fi 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 forthwith stop the mining activity being carried out abutting the agriculture lands belonging to the petitioner upto an extent of Ac.1.60 cents in Sy.No. 187/3, Taduku Village, Puttur Mandal, Tirupati District (Previously Chittoor District) Tirupathi District, pending disposal of the writ petition Counsel for the Petitioner: SRI VMR LEGAL Counsel for the Respondents No.1 to 6: GP FOR MINES AND GEOLOGY Counsel for the Respondents No.7 to 9: GP FOR REVENUE Counsel for the Respondent No.12: M/S. G N UMA RANI X
Counsel for the Respondents No.10 & 11: None Appeared The Court made the following: Order f
1 APHC010108092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6756 of 2025 Between: C.Susilamma, ...Petitioner AND The State of Andhra Pradesh and others Counsel for the Petitioner: Counsel for the Respondents: ...Respondents VMR Legal G N Uma Rani GP for Revenue GP for Mines and Geology The Court made the following:
ORDER: Heard learned counsel for the petitioner and Smt. Sudeepthi Potiuri, learned Assistant Government Pleader for Mines and Geology, Smt. G.N.Uma Rani, learned Counsel appearing for respondent No. 12 and Sri Burlu Chandra Sekhar representing Sri Y.Soma Raju, learned Standing Counsel for APPCB appearing for the respondent Nos. 10 and 11.
2
2. Challenging the action of the respondents in not initiating any action as against the illegal mining activity being carried out in the abutting the agriculture lands belonging to the petitioner up to an extent of Ac. 1.60 cents in Sy. No. 187/3, Taduku Village, Puttur Mandal, Tirupati District, the present writ petition is filed.
3. It is contended that the petitioner is the owner and possessor of agricultural land measuring an extent of Ac. 1.60 cents located in Sy. No. 187/3, Taduku Village, Puttur Mandal, Tirupati District. The said land was assigned in favour of the petitioner on 01.07.2000. However, the 12*^ respondent has been conducting quarrying operations on the lands abutting the land, which is causing damage to the agricultural fields and the standing crop. Thus, the petitioner sought direction to the respondents to prevent the unofficial respondents from conducting illegal mining activities. The learned Standing Counsel appearing for respondent Nos. 10 and 11 would submit that the license granted to the unofficial respondents was for stone crushing activities, and not for conducting mining operations. Thus, as alleged in the writ petition, the unofficial respondents have not been involved in conducting mining activities.
4. In view of the submissions made, the Writ Petition is disposed of, granting liberty to the petitioner to avail appropriate remedies if aggrieved.
5.
3 including challenging the alleged illegal mining activities. There shall be no
order as to costs. As a sequel, all pending miscellaneous applications shall stand closed.
Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// To.
SECTION OFFICER
1. The Principal Secretary, State of Andhra Pradesh, Department of Mines and Geology, Secretariat Buildings, Velagapudi Village Amaravathi.
2. The Director of Mines and Geology, Ibrahimpatnam, Vijayawada, Andhra Pradesh.
3. Deputy Director of Mines and Geology, Tirupathi, Tirupathi District.
4. District Mines and Geology Officer, Tirupathi, Tirupathi District.
5. Directorate General of Mines Safety, DGMS Head Office, Sardar Patel Nagar Dhanbad, Jharkhand - 826 001.
6. Deputy Director of Mines and Safety, Opposite to SP Bungalow Darghamitta, SPSR Nellore District.
7. The District Collector, Tirupathi District, Tirupathi.
8. The Revenue Divisional Officer, Tirupathi District, Tirupathi.
9. The Tahsildhar, Puttur Mandaf, Tirupathi. n M Pradesh Pollution Control Board, ? \ Hospital, Pushpa Hotel Centre, Chalamavalari street, Kasturibaipet, Vijayawada. A Secretary, State Environment Impact Assessment Authority D No.33-26-14 D/2, Near Sunrise Hospital, Pushpa Centre, Chalamavalari street, Kasturibaipet, Vijayawada. The Managing Director, M/s. SLN MSAND TADUKU PVT LTD Krishna Kumar Kotapati Plot No.890, 5th Floor, Swamy Ayyappa Co- operative Society, Madhapur, Hyderabad, Shaikpet, Telangana - 500 Sri Anjaneya Towers,
10.
11. Hotel
12.
13.
One CO to SRI VMR LEGAL Advocate [OPUC]
14. AndhrIp?adesVFoUTr°"
15. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT]
16.
One CO to M/S. G N UMA RANI, Advocate [OPUC] Three CD Copies /
17.
i \ HIGH COURT DATED: 28/04/2025 \
ORDER WP.No.6756 of 2025 DISPOSING THE WP WITHOUT COSTS