APHC010887052018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] TUESDAY, THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 42836/2018 Between: 1. M/S.EMAMI CEMENT LTD.,, A COMPANY INCORPORATED UNDER PROVISIONS OF INDIAN COMPANIES ACT, 1956 WITH ITS OFFICE AT ACROPOLIS, 15TH FLOOR, 1858/1, RAJDANGA MAIN ROAD, KASABA, KOLKATA - 700 017, REPRESENTED BY ITS VICE- PRESIDENT (PROJECTS AND MINES DEVELOPMENT) SRI RAJESH DEOLIYA, S/O.DEOKINANDANDEOLIYA. ...PETITIONER AND 1. UNION OF INDIA MINISTRY OF POWER, SHRAM SHAKTI BHAVAN, RAFI MARG,CONNAUGHT PLACE, SANSADMARG ROAD AREA,. NEW DELHI - 110 001, REPRESENTED BY ITS SECRETARY. 2. STATE OF ANDHRA PRADESH, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, REPRESENTED BY PRINCIPAL SECRETARY, ENERGY. 3. STATE OF ANDHRA PRADESH, INDUSTRIES AND COMMERCE (M-III) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, REPRESENTED BY ITS SECRETARY GOVERNMENT (MINES) 4. THE DISTRICT COLLECTOR, GUNTUR DISTRICT,COLLECT- ORATE, GUNTUR DISTRICT. 5. THE TAHSILDAR, DACHEPALLI MANDAL, DACHEPALLI, GUNTUR DISTRICT. 2 JS,J W.P.No.42836/2018 6. DEPARTMENT OF MINES AND GEOLOGY, ANJANEYA TOWERS, IBRAHIMPATNAM, STATE OF ANDHRA PRADESH VIJAYAWADA, KRISHNA DISTRICT, REPRESENTED BY ITS DIRECTOR. 7. POWER FINANCE CORPORATION LTD, URJANIDHI, 1, BARAKHAMBA LANE, CANNAUGHT PLACE, NEW DELHI - 110 001,REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR. 8. CENTRAL ELECTRICITY AUTHORITY, GOVERNMENT OF INDIA, URJANIDHI, 1, BARAKHAMBA LANE, CANNAUGHT PLACE, NEW DELHI - 110 001,REP. BY ITS CHAIRPERSON 9. M/S WARORAKURNOOL TRANSMISSION LTD, A-26/03, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE,MATHURA ROAD, NEW DELHI - 110 044, REPRESENTED BY ITS MANAGING DIRECTOR AND ALSO AT PLOT NO. 91, BRINDAWAN GARDENS, KISHANGUDA VILLAGE, NEAR OYSTER HOTEL, SHAMSHABAD, TELANGANA 10. M/S ESSEL INFRA PROJECTS LTD, PIDUGURALLA TOWN, GUNTUR DISTRICT,REPRESENTED BY ITS MANAGING DIRECTOR. AND ALSO AT CORPORATE OFFICE. ESSELLNFRAPROJECTS LIMITED, 6THFLOOR,PLT NO. 19 AND 20, FILM CITY, SECTOR 6 A, GAUTAM BUDDHA NAGAR, NOIDA- 201301 ( UTTAR PRADESH) ...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 pass appropriate order or orders more particularly one in the nature of Writ of Mandamus declaring the action of respondent nos. 1 and 7 to 10 in trespassing into petitioners land admeasuring 1289.10 acres or 521.691 hectares 76, 77, 707, 708, etc. i.e mining lease in Tengada village, Dachepalli mandal, Guntur District by erecting four transmission towers without giving prior notice to the petitioner or obtaining prior permission or no objection from the petitioner and without obtaining any permission or no objections from concerned local authorities including Respondent no.2 to 6 which is mandatory under the license issued by Ministry of Power, Government of India under proceedings no.SO/2172(E) as arbitrary, illegal and infringed the fundamental rights guaranteed to the petitioner under Articles 14, 19(1)(g), 20 3 JS,J W.P.No.42836/2018 and constitutional guarantee under Article 300(A) of Constitution of India, violative of principles of natural justice and direct the respondent nos.1 and 7 to 8 to remove transmission towers erected in survey nos.76, 77, 707, 708, etc., in Tengada Village, Dachepalli mandal, Guntur District with a direction to re-route the transmission line out of mining area or pass IA NO: 1 OF 2018 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 restrain the respondents no.7,9 and 10 from undertaking any further activity on the four transmission towers erected on the land belonging to the petitioner covering an area of 1289.10 acres or 521.691 hectares in survey nos.76, 77, 707, 708, etc., in Tengadavillage, Dachepalli mandal, Guntur District during pendency of the above writ petition or pass Counsel for the Petitioner: 1. DISHIT BHATTACHARJEE Counsel for the Respondent(S): 1. GP FOR MINES AND GEOLOGY (AP) 2. GP FOR REVENUE (AP) 3. DEPUTY SOLICITOR GENERAL OF INDIA 4. SARANG AFZULPURKAR 5. GP FOR ENERGY (AP) 6. GP FOR INDUSTRIES COMMERCE (AP) 4 JS,J W.P.No.42836/2018 The Court made the following ORDER: Though the matter was adjourned on 22.11.2025, there was no representation for the petitioner. Hence, the matter was directed to be listed on 01.12.2025. Even on that day there was no representation on behalf of the learned counsel for the petitioner. Therefore, the matter was directed to be listed today under the caption “for dismissal”. Today when the matter is called, there is no representation for the petitioner. On the other hand, learned counsel appearing for respondent No.9 through online, submitted that the transmission line had already been commissioned by September 7, 2023. Perused the record. Since the cause in the writ petition does not survive for adjudication, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 09.12.2025 KAS 5 JS,J W.P.No.42836/2018 152 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 42836/2018 Date: 09.12.2025 KAS