Extracted from the PDF above. The PDF is authoritative.
`APHC010485422025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] MONDAY, THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 25021 OF 2025 Between:
1. H NAGAMMA, W/O H. GOVINDAPPA,AGED ABOUT40 YEARS, OCC AGRICULTURIST,R/OIDUKALLU VILLAGE,
SETTUR MANDAL,ANANTHAPURAMUDISTRICT, ANDHRA PRADESH. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF INDUSTRIES, COMMERCE AND MINES,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR OF MINES AND GEOLOGY, GOVERNMENT OF ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT. 3. THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT. 4. THE COLLECTOR AND DISTRICT MAGISTRATE, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT. 5. THE TAHSILDAR, SETTUR MANDAL, ANANTHAPURAMU DISTRICT. 6. SRI D SIVA PRASAD, S/O SRI D. SATYA NARAYANA, D.NO. 9D/105, REVENUE COLONY, KALYANDURGAM, ANANTHAPURAMU DISTRICT. ...RESPONDENT(S):
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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 topleased to issue an appropriate writ, order or direction more particularly one in nature of Writ of Mandamus declaring the inaction of the 3rd Respondent in acting upon the Proceedings of the 4th Respondent vide Rc.No. E5/154/2025, dated 23-01-2025, as illegal, arbitrary, and a dereliction of statutory duty as illegal, arbitrary and violative of Article 300 -A of the Constitution of India and consequently direct the 3RD Respondent to forthwith conduct a detailed inspection and submit a comprehensive action taken report to the 4TH Respondent as directed in the aforesaid proceedings and passing final orders regarding the determination of the quarry lease, in accordance with the law and pass 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 pleased to pass an interim order by suspending all quarrying operations, including blasting, excavation, and transportation of minerals by the 6 TH Respondent, his agents, or anyone claiming through him, from the quarry lease area situated in Sy. No. 185 of Yatakallu Village, Settur Mandal, Ananthapuramu District, pending disposal of the Writ Petition and pass Counsel for the Petitioner:
1. AYESHA AZMA S Counsel for the Respondent(S):
1. GP FOR REVENUE
2.
GP FOR MINES AND GEOLOGY
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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 25021 OF 2025 The Court made the following order:
Heard Ms. S.Ayesha Azma, learned counsel for the petitioner and Smt. Sudeepthi Potluri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents. 2. The writ petition is filed to challenge the action of the 4th respondent in not considering the representation dated 20.01.2025, filed by the petitioner, regarding illegal quarrying and blasting. 3. It is contended by the learned counsel for the petitioner that the Deputy Director of Mines and Geology, Ananthapuramu vide proceedings dated 19.11.2020, granted a quarry lease for Road Metal and Building Stone over an extent of 1.070 Hectares in Sy.No.185 of Yatakallu Village in favour of the 6th respondent for a period of 10 years, vide proceedings dated 05.09.2022, issued by the 3rd respondent a lease deed was executed. 4. It is contended that the 6th respondent and his father are involved in illegal quarrying and blasting, and a criminal case was registered in Cr.No.91 of 2022, Settur P.S. for offences punishable under Sections 447, 427, 285, 287 of IPC, Section 3 & 4 of the PDPP Act and Section 3 of the Explosive Substances Act, 1908. It is contented that even after the execution of the lease, the 6th respondent continued his illegal activities. Consequently, the joint inspection conducted by the Regional Vigilance & Enforcement Office,
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the District Mines and Geology Office and the Tahsildar, Settur, revealed the various violations and irregularities committed by the 6th respondent. 5. Based on the inspection, the District Mines and Geology Officer (FAC), Ananthapuramu, issued a show-cause notice dated 18.11.2023 to the 6th respondent calling upon the 6th respondent to show-cause as to why action should not be initiated for cancellation of the quarry lease. Till date, the District Mines and Geology Officer (FAC), Ananthapuramu has not passed any orders. Aggrieved by the said inaction, the petitioner filed a representation dated 20.01.2025 before the 4th respondent. 6.
Acting on the said representation of the petitioner, the 4th respondent vide his letter dated 23.01.2025 called for report from the 3rd respondent and the 5th respondent was directed to conduct field inspection and submit a detailed report within a week without fail. It is contended that the 3rd respondent has failed to act upon the proceedings dated 23.01.2025 of the 4th respondent. The 3rd respondent has neither conducted any inspection nor submitted any report to the 4th respondent. Aggrieved by the same, the present writ petition has been filed. 7. Smt. Sudeepthi Potluri, learned Assistant Government Pleader for Mines and Geology appearing for the respondents has placed before the Court a copy of the written instructions received from the District Mines and Geology Officer. A perusal of the same would reflect that pursuant to the directions of the 4th respondent, technical staff of the department conducted
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inspection and found that the quarry was not under working condition. The report in the said regard was submitted for taking necessary action vide letter dated 17.02.2025. 8. Having regard to the submissions made, this Court deems it appropriate to dispose of the writ petition with a direction to the 4th respondent to consider and pass appropriate orders on the representation of the petitioner dated 20.01.2025, within four (04) weeks from the date of receipt of the copy of this order. 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date: 27.10.2025 BSK
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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 25021 OF 2025
Date: 27.10.2025 BSK