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High Court of Andhra Pradesh · body

2025 DAILYLAW 45062 (AP)

Medicherla Bhaskar Siva Kumar, v. The State of Andhra Pradesh,

WP/9727/2025 · 2025-04-21

Kiranmayee Mandava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 9727 OF 2025 Between: 1. Medicherla Bhaskar Siva Kumar, S/o. Satya Narayana, Male, years, D.No. 3-67, Malleswaram Village, Peravali Mandal' Godavari District - 534 330. 2. K. Murali Krishna, S/o. Kotipalli Somanna D.No. Peravali, Khandavalli, West Godavari - 534330. aged 33 East 1-55, Malleswaram, ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary and Geology Department Secretariat Amaravathi. Mines Velagapudi, Buildings 2. The Commissioner and Director of Mines and Geology, Flat No. 5 and 6, Anjaneya Towers, Ibrahimpatnam, Vijayawada, Krishna District. 3. The District Collector, East Godavari Distrcit, at Rajahmundry. 4. The District Collector, Dr. B.R. Ambedkar Konaseema Amalapuram. 5. The District of Mines and Geology Officer, Member and Conviner District Level Committee, Rajahmundry, East Godavari District. 6. The District of Mines and Geology Officer, Member and Conviner District Level Committee, Amalapuram, Dr. B.R. Ambedkar Konaseema District. 7. The Executive Engineer, Irrigation Department Godavari Head Division, Dowaiaiswaram, East Godavari District. Distrcit, at of of Works ...RESPONDENTS Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue praying that in may more declaring the action of an appropriate Writ, Order or Direction, particularly one in the nature of Writ of Mandamus •’ the respondents not considering the petitioners representation dated 20.03.2025 restraining the illegal mining operation in respect of Malleswaram village, Pervali Mandal East Godavari District as illegal, improper, unjust, arbitrary and without jurisdiction of the 4th respondent and further direct the respondents to stop the illegal mining operations in respect of Malleswaram village, Pervali Mandal, East Godavari District. lA NO: 1 OF 2Q2fi Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances - in support of the petition, the High Court may be pleased to direct the respondent to consider the representation dated 20.03.2025 seeking to stop the illegal mining operations in respect of Malleswaram village, Pervali Mandal East Godavari District pending disposal of the writ petition. Counsel for the Petitioners: SRI MAHADEVA KANTHRIGALA Counsel for the RespondentNos. 1, 2, 5 & 6: GP FOR MINES AND GEOLOGY Counsel for the Respondent Nos. 3 & 4: GP FOR REVENUE Counsel for the Respondent No.7: GP FOR IRRIGATION The Court made the following: ORDER &CAD 1 t APHC010182782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 9727 of 2025 Between: ...Petitioners Medicherla Bhaskar Siva Kumar and others AND ...Respondents The State of Andhra Pradesh and others Counsel for the Petitioners: Mahadeva Kanthrigala GP for Revenue GP for Irrigation and CAD GP for Mines and Geology Counsel for the Respondents: The Court made the following order: Heard Sri Mahadeva Kanthrigala, learned counsel for the petitioners learned Assistant Government Pleader for Revenue and learned Assistant Government Pleader for Mines and Geology appearing on behalf of the respondents. Challenging the action of the respondents in not considering the 2. representation of the petitioners dated 20.03.2025 restraining the illegal mining operation in respect of Malleswaram Village, Pervali Mandal, East Godavari District, the present writ petition is filed. 3. Today, when the matter is taken up for admission, the learned Assistant Government Pleader for Mines and Geology, appearing for the respondents, placed on record a copy of the written instructions received from the respondent. A perusal of the same would reveal that there are no illegal mining operations in the area. It is stated that one M/s. Sudhakara Infratech Private Limited was the successful bidder in the auction. The license granted to M/s. Sudhakara Infratech Private Limited after obtaining necessary permissions from the Pollution Control Department. The pollution authorities also issued consent for the operation. Further, departmental authorities have conducted joint inspection and confirmed that excavation to a depth of one meter will not impact the groundwater. was the 4. The written instructions of the 6th respondent are placed on record. 5. In view of the foregoing, the writ petition is disposed of. However, if the petitioners still believe that any illegal mining is taking place in the area, they are at liberty to make an appropriate application to the respondents. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- P.U.V.BHASKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, BuLings“vel'agapudrAni“LTa"^^ Secretariat 3. The District Coliector, East Godavari 5 and Distrcit, at Rajahmundry. 4. The District Collector, Dr. B.R. Ambedkar Konaseema Distrcit, at Amalapuram. 5. The District of Mines and Geology Officer, Member and Conviner of District Level Committee, Rajahmundry, East Godavari District. 6. The District of Mines and Geology Officer, Member and Conviner of District Level Committee, Amalapuram, Dr. B.R. Ambedkar Konaseema District. 7. The Executive Engineer, Irrigation Department Godavari Head Works Division, Dowaiaiswaram, East Godavari District. 8. One CC to Sri Mahadeva Kanthrigala Advocate [OPUC] 9. Two CCs to GP for Mines and Geology, High Court of Andhra Pradesh. [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 11. Two CCs toGP for Irrigation & CAD, High Court of Andhra Pradesh. [OUT] 12. Three CD Copies TF ' « HIGH COURT DATED:22/04/2025 ORDER WP.No.9727 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS