APHC010296262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMS WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15086 OF 2025 Between: Matta Srinu, S/o Narasimha Murthy, Aged about 44 years, Occ: MPTC, R/o. D. No. 1-30/9, Nallamilli Village, Rangampet Mandalam, East Godavari District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Assistant Director, Mines and Geology Department, Rajamahendravaram, East Godavari District. 3. The District Collector, Rajamahendravaram East Godavari District 4. The Tahsildar, Rangampet Mandal, East Godavari District. 5. The Executive Engineer, Yeleru Irrigation Division, Peddapuram, East Godavari District. 6. Vasanta Gangaraju, S/o Prakash Rao, D.No. 12-200/A, Kothapeta, Pandalapaka Village Bikkavolu Mandal, East Godavari District, 533345. ...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, the inaction of the Respondents 2 to 5 in considering the representations of the petitioner Dt 09-06-2025 and 16.06.2025 and taking action- a'gainst the Respondent No.6 with regards to illegal excavation of silt and using the same for commercial activity as illegal arbitrary and violative of fundamental rights guaranteed under the Constitution of India more particularly Article 300A consequently directing the respondents 1 to 5 to stop the illegal excavation and transportation of silt being carried on by Respondent No.6. and consequently direct the official respondents criminal action against unofficial respondent i.e., Respondent No.6 for carrying illegally using the de-silted mud for commercial to initiate civil and use. lA NO: 1 OF 2n7.«^ 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 to conduct the silting done so far. lA NO: 2 OF 2()9fi Petition under Section 151 CPC a survey file a survey report with regard to 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 to stay the activities covered vide excavation and transportation of silt proceeding No. 363-MA'IDPDP/2025-26 dated 19-05-2025 issued. Counsel for the Petitioner: SRI VENKATA NARAYANA Counsel for the Respondent Nos. RAO VEDULA 1 & 2: GP FOR MINES AND GEOLOGY Counsel for the Respondent Nos. 3 & 4: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR IRRIGATION COMM AREA DEV Counsel for the Respondent No.6:— The Court made the following order: APHC010296262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB [3458] / WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 15086/2025 Between: 1.MATTA SRINU, S/0 NARASIMHA MURTHY, AGED ABOUT 44 YEARS, OCC MPTC, R/O.D.NO.1-30/9, NALLAMILLI VILLAGE, RANGAMPET MANDALAM, EAST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE ASSISTANTDIRECTOR, MINES AND GEOLOGYDEPARTMENT RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 3. THE DISTRICT COLLECTOR, RAJAMAHENDRAVARAM EAST GODAVARI DISTRICT MINES AND GEOLOGY DEPARTMENT 4.THE TAHSILDAR, RANGAMPET MANDAL, EAST GODAVARI DISTRICT. 5.THE EXECUTIVE ENGINEER, YELERU IRRIGATION DIVISION, PEDDAPURAM EAST GODAVARI DISTRICT. 6.VASANTA GANGARAJU, S/O PRAKASH RAO, D.NO. 12-200/A, KOTHAPETA, PANDALAPAKA VILLAGE, BIKKAVOLU MANDAL, EAST GODAVARI DISTRICT, 533345. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. VENKATA NARAYANA RAO VEDULA Counsel for the Respondent(S): 1.GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV 3.GP FOR MINES AND GEOLOGY The Court made the following: ORDER: Heard Sri Venkata Narayana Rao Vedula, learned petitioner, the learned Assistant Government Pleader Geology, the learned Assistant Government Commercial Area Development and the learned Assistant Pleader for Revenue appearing for the respondents. counsel for the for Mines and Pleader for Irrigation Government 2. The grievance of the writ petitioner is that the unofficial respondent has been illegally excavating silt from Jagannadha Sagaram Cheruvu, Nallimilli Village, Rangampeta Mandal beyond the permission. East Godavari District, 3. It is stated that the respondent No.5 has issued dated 19.06.2025 allowing the respondent No.6 to excavate and proceedings transport 3,000 cubic meters of silt from the subject tank for a period of forty five (45) days. Despite expiry of the said permission, the respondent No.6 has been continuing with the excavation, unauthorizedly. 3 % Today when the matter is taken up for admission, the learned 4. Assistant Government Pleader for Irrigation appearing for the respondent No.5 has placed a copy of written instructions received by him in the case. A perusal of the same would reflect that the respondent No.5 - Executive Engineer granted permission to the respondent No.6 for excavation and transportation of 3,000 cubic meters of silt to fill their fields at their own cost, vide proceedings dated 21.06.2025. The permission issued in favour of the respondent No.6 has been cancelled. It appears that the respondent No.6 was also instructed to stop the desilting operations forthwith. Learned counsel for the petitioner would submit that although the said permission was cancelled vide proceedings, dated 21.06.2025, the photographs annexed to the writ petition would show that unauthorized excavation of the subject tank has been going on. Learned counsel further submits that despite the cancellation of permission, the unofficial respondent has still been carrying on excavation for removal of silt. Thus prays for a direction to the respondents to conduct survey in the said regard. 5. This Court is not inclined to grant the direction to the said extent of conducting survey to the petitioner, having regard to the fact that the permission that was granted has already been revoked. Any such excavation by the respondent No.6 after cancellation of the said permission 6. if found, the petitioner is at liberty to bring it to the department for notice of the concerned respondent No.6. appropriate action against the With the above observation no order as to costs. 7. the Writ Petition is disposed of. There shall be As a sequel, all pending miscellaneous applications shall stand closed. Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Principal Secretary, Mines and Velagapudi, Amaravathi, Guntur District 2. The Geology Department. Secretariat. Assistant Director, Mines and Geology Department Rajamahendravaram, East Godavari District. 3. The District Collector. Rajamahendravaram, East Godavari District 4. The Tahsildar, Rangampet Mandal. East Godavari District. 5. The Executive Engineer, Yeleru Irrigation Division, Peddapuram. East Godavari District. 6. One CC to Sri Venkata Narayana Rao Vedula, Advocate [OPUC] 7.. Two CCS to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CCS to GP for Irrigation Comm Area Dev, High Court of Andhra Pradesh [OUT] 9. TwoCCsto GP for Mines [OUT] 10. Two CD Copies and Geology, High Court of Andhra Pradesh TF HIGH COURT DATED:02/07/2025 ORDER WP NO. 15086 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS