Smt. J. Ayodyapuram Sindhupriya, v. The State of Andhra Pradesh,
WP/27531/2025 · 2025-10-16
Kiranmayee Mandava
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 47576 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47576 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010532722025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 27531/2025 Between:
1. SMT. J. AYODYAPURAM SINDHUPRIYA, W/O. B. SATHISH REDDY, AGED 44 YEARS, R/O. D.NO. 11/1-546, PAPPULA VEEDHI, BADVEL, Y.S.R. KADAPA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL
SECRETARY, DEPARTMENT OF MINES AND GEOLOGY, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT MINES AND GEOLOGY OFFICER, O/O THE DISTRICT MINES AND GEOLOGY OFFICER, CHITTOOR, CHITTOOR DISTRICT, ANDHRA PRADESH. 3. THE TAHSILDAR, NAGARI MANDAL, CHITTOOR DISTRICT, ANDHRA PRADESH. 4. THE ANDHRA PRADESH STATE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY, REP. BY ITS MEMBER SECRETARY, A.P. SECRETARIAT, VELAGAPUDI,
AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 5. M/S EKK INFRASTRUCTURE LIMITED, KAKAVEDU VILLAGE, NAGARI MANDAL, CHITOOR DISTRICT, ANDHRA PRADESH, REPRESENTED BY ITS AUTHORIZED SIGNATORY,
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...RESPONDENT(S): 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 any other appropriate writ, order or direction, more particularly Writ of Mandamus declaring the action of the respondents more particularly respondent No.2 in issuing Proceedings No. 2585/TP/2025, dated 01.09.2025, in granting Temporary Permits in favour of the respondent No.5 while application (ID MN0625002644) for grant of Mining lease in favour of the petitioner over an extent of 0.999 Hectares in the very same Sy.No.12/P, Kakavedu Village, Nagari Mandal, Chitoor District as well as without having environmental Clearance as being illegal, arbitrary, and unconstitutional consequentially stay all further operations, including excavation, removal, and transportation of any material (whether Ordinary Earth, Morrum, or Gravel) by Respondent No. 5 pursuant to the impugned Proceedings No. 2585/TP/2025, dated 01.09.2025 IA NO: 1 OF 2025 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 stay all further operations, including excavation, removal, and transportation of any material (whether Ordinary Earth, Morrum, or Gravel) by Respondent No. 5 pursuant to the impugned Proceedings No. 2585/TP/2025, dated 01.09.2025; pending disposal of the above writ petition Counsel for the Petitioner:
1. V SAI KUMAR Counsel for the Respondent(S):
1. GP FOR ENVIRONMENT
2. GP FOR REVENUE
3.
GP FOR MINES AND GEOLOGY
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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 27531/2025 The Court made the following Order:
Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Mines and Geology and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. The grievance of the petitioner is against the proceedings of the respondent No.2 granting quarry lease in favour of the unofficial respondent No.5 in respect of the subject land. 3. It is contended that as per the report of the Tahsildar, the subject land is classified as <Gutta= covered with Morram and boulders form. The respondents have issued temporary permits in favour of the unofficial respondent No.5 for excavation of the ordinary Earth. Under the guise of the said proceedings, the unofficial respondent No.5 is excavating Morram. It is contended that even before the application of the 5th respondent, the petitioner has applied for the grant of mining lease for excavating Morram/Gravel from the subject land. However, without processing the application of the petitioner, temporary permits were granted for excavation of the ordinary Earth, under which the 5th respondent is excavating the Morram/Gravel. 4. When the matter is taken up for consideration today, the learned Assistant Government Pleader for Mines and Geology has placed before the Court a copy of instructions received by her in the case. A perusal of the same would reflect that in the case of the unofficial respondent No.5 the application
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was processed and temporary permits were granted for excavation of the Original Earth which was only for a period of 30 days with effect from 01.09.2025 to 30.09.2025. Having regard to the same, the learned Assistant Government Pleader submits that the relief sought by the petitioner has become infructuous. 5. In view of the above, since, the temporary permits that were granted in favour of the unofficial respondent No.5 was only for a period of 30 days and since the same had lapsed, the relief sought by the petitioner in the Writ Petition would not merit consideration. 6. Accordingly, the Writ Petition is dismissed as infructuous, leaving it open to the petitioner to challenge the irregularities if any committed by the respondents in granting temporary permits in favour of the unofficial respondent No.5.
There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA
Date: 17-10-2025 MSI
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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 27531/2025
Date: 17-10-2025 MSI