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2025 DAILYLAW 45419 (AP)

KOLI VENKATESWARA RAO v. The State of Andhra Pradesh,

WP/6039/2024 · 2025-04-29

Sumathi Jagadam

body2025

Judgment text

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OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6039 OF 2024 IN THE HIGH COURT THE Between: . Koli Venkateswara Rao, S/o Ramu, Age 47 Years, R/o. D.No. 2-1-2/2, Gardens, Rajamandiy Urban, East Godavari 1 Ashrama Veedhi, Alcot District, Andhra Pradesh. 2. Mohammed Salehu Zama 2-9-11, Tumu Vari Veedhi, Alcot Gardens, Rajamandiy Urban, East S/o Khaliq Zama, Age 42 Years, R/o. D.No. Godavari District, Andhra Pradesh. 3. Immanenu Adi Lakshmi, W/o Viswanadh. Age 37 Years, R/o. D.No. 2-7- Street, Alcot Gardens, Rajamandiy Urban, East 23, Kannama Temple Godavari District, Andhra Pradesh. 4. Duppada Chinna Rao, S/o Appa Rao, Age 42 Years, R/o. D.No.2-4-4, Medisetti Vari Street, Alcot Gardens, Rajahmandry Urban, East Godavari District, Andhra Pradesh. ...PETITIONERS AND State of Andhra Pradesh, Represented by its Principle Secretary, and Geology Department, Secretariat Building, Velagapudi, Thullur Mandal, Guntur District. 2. The State of Andhra Pradesh, Represented by its Principle Secretary, Irrigation (Water Resources) Department, Secretariat Building, Velagapudi, Thullur Mandal, Guntur District. 3. The District Collector, East Godavari District, Dowlaiswaram Industrial Estate, Industrial Estate, 0pp. HorHcks factory, Dhavaleswaram, Rajamahendravaram, East Godavari District, Andhra Pradesh. 1. The Mines 4. The Revenue Division Officer cum Sub-Collector, Dowlaiswaram Industrial Estate, Industrial Estate, 0pp. Horlicks factory, Dhavaleswaram, Rajamahendravaram East Godavari District, Andhra Pradesh. he Tahsildar, Rajamahendravaram Urban, Main Road, Opp Sivarama Color Lab, Tyagaraja Nagar, Rajamahendravaram District, Andhra Pradesh. East Godavari 6. The Executive Engineer and River Conservator Godavari Head Work Division, Cotton Peta, amahendravaram. East Godavari District. 7. The Deputy Executive Engineer, Godavari Irrigation Department, Dhavaleswaram, Raj Head Work Division, Cotton Peta, Dhavaleswaram, Rajamahendravaram, East Godavari District. 8. The Assistant Director, Mines and Geology Department, D.No.69-27, Bank Colony, Backside of the Kia Showroom SBI colony. Rajamahendravaram, East Godavari District. 9. Superintendent of Police, Rajamahendravaram Superintendent of Police, Swaroop Nagar, Padmavathi Rajamahendravaram, East Godavari Urban, Office of Nagar, District. 10. Municipal Corporation Rajamahendrvaram , Rep by its Commissioner, MCR Office Road, Rajahmundiy, Andhra Pradesh-533101. 11. Union of India, Represented by its Secretary, Ministry of Environment Forest and Climate Change, Indira Paryavaran Bhawan Jorbagh Road New Delhi - 110 003. 12. M/s Parasara Sand and Boatmen Society, Represented by President Gayatri-9 and 10 Ramp, Godavari Bund Road, Alcot garden area, Raj amahendravaram. 13. M/S Kalyani All Castes Boats and Labour Society, Represented by President, Gayatri-9 and 10 Ramp, Godavari Bund Road, Alcot Garden Area, Rajamahendravaram. M/s Venkatalakshmi Boatsmadn and Labour Society, Represented by President, Gayatri-11 Ramp, Godavari Bund Road, Alcot Garden Area, Raj amahendravaram. 14. ...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 or order more particularly one in nature of WRIT OF MANDAMUS declaring the action Respondent/District Collector and District Committee dated 30/12/2023 in approving the setting up of ramps near residential area of alcot gardens Rajamundry in the name of Gayatri 9,10 and 11 & Respondent No.6 dated 30/06/2023 recommending ramps permission for ramps adjacent to flood bank in alcot gardens area of Ramahendravaram as illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India and set aside the decision of the District level sand committee East Godavari district dated 30-12-2023 only to the extant of agenda item no. 3 communicated through letter dated 4-1-2024 district and geology officer while declaring that transportation of sand through/from gayatri ramp No 9,10 and 11 at Alcot gardens cannot be mines permitted. lA NO: 1 OF 2024 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 suspend the transportation of sand by way of tractor, trucks or other vehicles from Gayatri Ramp 9,10 and 11 near/ in Survey No.753/6, 7, 8 & 9 through the pathway between alcot garden and Godavari river bund, near Godavari River Bund Alcot Gardens, Rajamahendravaram, East Godavari District after suspending the decision of the District level sand committee East Godavari district and district collector dtd 30-12-2023 only to the extant of agenda item no 3 communicated through letter dated 4-1-2024 district mines and geology officer. any lA NO: 2 OF ?n7A Petition under Section 151 CPC the affidavit filed i may be pleased to praying that in the circumstances stated in support of the petition, the High Court in may be pleased activiti., , . , transportation activities taking place at Godavari river bund in Sy.No.753/6,7,8,9 to extent Gardens, of Ac.3-60 cts Godavari Rajamahendravaram, East Godavari near River District especially. Bund Alcot jA NO: 3 OF 7()9d Between: 1. M/s Parasara Sand and Boatmen Gayatn-9 and 10 Ramp, Godavari Rajamahendravaram. 2. M/S Kalyani All Castes Boats and Labour Society, Represented by ^sident, Gayatri-9 and 10 Ramp, Godavari Bund Road, Alco, Garden Area, Rajamahendravaram. Society, Represented by President, Bund Road, Alcot garden area. ...PETITIONERS (RESPONDENTS 12 & 13) 1- KoN Venkateswara Rao, S/o Ramu, Age 47 Years, R/o. D.No. 2-1-2/2 As rama Veedhi, Alcot Gardens, Rajamandiy Urban, East Godavari District, Andhra Pradesh. 2. Mohammed Salehu Zama, 2-9-11, Tumu Vari Veedhi AND S/o Khaliq Zama, Age 42 Years, - Alcot Gardens, Rajamandiy Urban R/o. D.No. , East Godavari District, Andhra Pradesh. 3. Immanenu Adi Lakshmi, W/o Viswanadh, Age 37 Years R/o. D.No. 2-7- 23, Kannama Temple Street, Alcot Gardens, Rajamandiy Urban Godavari District, Andhra Pradesh. East 4. Duppada Chinna Rao, S/o Appa Rao, Age 42 Years, R/o. D.No.2-4-4, Medisetti Vari Street, Alcot Gardens, Rajahmandry Urban, East Godavari District, Andhra Pradesh. ....WRIT PETITIONERS 1 TO 4 5. The State of Andhra Pradesh, Represented by its Principle Secretary, Mines and Geology Department, Secretariat Building, Velagapudi, Thullur Mandal, Guntur District. ...RESPONDENT N0.1 6. The State of Andhra Pradesh, Represented by its Principle Secretary, Irrigation (Water Resources) Department, Secretariat Building, Velagapudi, Thullur Mandal, Guntur District. ...RESPONDENT N0.2 7. The District Collector, East Godavari District, Dowlaiswaram Industrial Estate, Industrial Estate, Opp. HorHcks factory, Dhavaleswaram, Rajamahendravaram, East Godavari District, Andhra Pradesh. ...RESPONDENT N0.3 8. The Revenue Division Officer cum Sub-Collector, Dowlaiswaram Industrial Estate, Industrial Estate, Opp. Horlicks factory, Dhavaleswaram, Rajamahendravaram, East Godavari District, Andhra Pradesh. ...RESPONDENT N0.4 9. The Tahsildar, Rajamahendravaram Urban, Main Road, Opp Sivarama Color Lab, Tyagaraja Nagar, Rajamahendravaram, East Godavari District, Andhra Pradesh. ...RESPONDENT N0.5 10. The Executive Engineer and River Conservator, Irrigation Department, Godavari Head Work Division, Cotton Peta, Dhavaleswaram, Rajamahendravaram, East Godavari District. ...RESPONDENT N0.6 11. The Deputy Executive Engineer, Godavari Head Work Division, Cotton Peta, Dhavaleswaram, Rajamahendravaram, East Godavari District. ...RESPONDENT N0.7 12. The Assistant Director, Mines and Geology Department, D.No.69-27, Bank Colony, Backside of the Kia Showroom, SBI colony, Rajamahendravaram, East Godavari District. ...RESPONDENT N0.8 13. Superintendent of Police, Rajamahendravaram Urban, Office of Superintendent of Police, Swaroop Nagar, Padmavathi Nagar, Rajamahendravaram, East Godavari District. ...RESPONDENT N0.9 14. Municipal Corporation Rajamahendrvaram, Rep by its Commissioner, MCR Office Road, Rajahmundiy, Andhra Pradesh-533101. ...RESPONDENT NO.10 15. Union of India, Represented by its Secretary, Ministry of Environment Forest and Climate Change, Indira Paryavaran Bhawan Jorbagh Road New Delhi - 110 003. ...RESPONDENT N0.11 16. M/s Venkatalakshmi Boatsmadn and Labour Society, Represented by President, Gayatri-11 Ramp, Godavari Bund Road, Alcot Garden Area, Raj amahendravaram. > ...RESPONDENT N0.14 ...RESPONDENTS 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 Orders Interim Orders dt.07-03-2024 passed in I.A.No.1 of 2024 in W.P.No.6039 of 2024. Counsel for the Petitioners: SRI PONNADA SREE VYAS Counsel for the Respondent Nos.1 & 8: GP FOR MINES AND GEOLOGY Counsel for the Respondent Nos.2,6 & 7: GP FOR IRRIGATION AND CAD Counsel for the Respondent Nos.3,4 & 5; GP FOR REVENUE Counsel for the Respondent No.9: GP FOR HOME Counsel for the Respondent No.10;SRI A.S.C. BOSE Respondent No.11; DEPUTY SOLICITOR GENERAL OF INDIA Counsel for the Respondent Nos.12 & 13; SRI P. RAJESH BABU Counsel for the Respondent No.14;SRI G. RAMA KRISHNA The Court made the following; ORDER Counsel for the APHC010113052024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 6039/2024 Between: Koli Venkateswara Rao and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. PONNADA SREE VYAS Counsel for the Respondent(S): I 1.GP FOR HOME 2.P RAJESH BABU 3.GP FOR REVENUE 4.GP FOR MINES AND GEOLOGY 5.GP FOR IRRI AND CAD (AP) 6.G RAMA KRISHNA The Court made the following ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief; ",. pleased to suspend the transportation of sand by way of tractor, trucks or any other vehicles from Gayatri Ramp 9,10 and 11 near/ in Survey No. 753/6, % through the pathway between alcot garden area and Godavari river Bund Alcot Gardens, Rajamahendravaram, East decision of the District level sand and district collector dtd 30-12-2023 only to 3 communicated through letter dated 4-1-2024 7,8 86 9 bund, near Godavari River Godavari District after suspending the committee East Godavari district the extant of agenda item no district mines and geology officer and to pass such other order or orders may deem fit and proper in the circumstances of the case counsel for the petitioners submits that as the lease was expired on 31.05.2024, the cause in the writ petition does not survive for adjudication and the writ petition has become infructuous. Recording the above submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. Learned 2. 3. shall stand closed. Sd/-P.VtNOD KUWIAR assistant As a sequel, miscellaneous pending petitions, if any //TRUE COPY// OFFICER SECTION To, Sri Ponnada Sree Vyas, Advocate [OPUC] 1. OneCCto 2. One CC to Sri A.S.C. Bose, SC for Municipal Corporations[OPUC ] 3. One CC to the Deputy Solicitor General of India, High Court of A.P.[OUT] 4. One CC to Sri G. Rama Krishna, Advocate[OPUC] 5. One CC to Sri P. Rajesh Babu, Advoate[OPUC] GP for Mines and Geology, High Court of Andhra Pradesh 6. Two CCs to [OUT] 7. Two CCs to [OUT] 8. Two CCs 9. Two GP for Irrigation and CAD, High Court of Andhra Pradesh to GP for Revenue, High Court of Andhra Pradesh. [OUT] CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies. ssb HIGH COURT date0:30/04/2025 ORDER WP.No.6039 of 2024 2 5 SEP 2025 Jj, II . Current Section “iTHoiTVoST™"'