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2025 DAILYLAW 6948 (AP)

M/s. Sri Gopal Rocks, and Minerals, v. The State of Andhra Pradesh,

WP/3887/2025 · 2025-03-04

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRAsXS WRIT PETITION NO: 3887 OF 2025 Between: M/s. Sri Gopal Rocks, and Minerals, represented by its Proprietor Sri Devineni M ^ ./S'’ Gopala Krishna, aged 31 years, R/o. D. No. 54-13-8, Plot No. 100, Srinivasa Nagar Bank Colony, Vijayawada, NTR District, Andhra Pradesh. ...PETITIONER AND 1. Tlie State of Andhra Pradesh, Represented by its Principal Secretary (Environment, Forests, Science and Technology Department) Secretariat Buildings at Velagapudi, Guntur District, Andhra Pradesh. 2. The Divisional Forest Officer, NTR Division (NTR District), Vijayawada NTR District Andhra Pradesh. 3. The Deputy Range Officer, Forest Department, Kanchikacherla Section of Vijayawada Range, NTR Division, Vijayawada, NTR District, Andhra Pradesh. 4. Department of Mines and Geology, Vijayawada, NTR District, Andhra Pradesh. Represented by its District Mines and Geology Officer. 5. The Forest Range Officer, Vijayawada, NTR District, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly respondent No. 3 and 5 in interfering with the transportation of the mineral/road metal and gravel from the mining leased area in Sy. No. 801 of Paritala Village, Kanchikacherla Mandal, NTR District to pass from may more Navepothavaram to Kanchikacherla road as illegal, arbitrary and also oppose to Article 19(g) of the Constitution of India as well as oppose to all cannons of justice consequentially direct the respondents 3 and 5 not to interfere with the transportation of the mineral/road metal and gravel from the mining leased area in Sy. No. 801 of Paritala Village, Kanchikacherla Mandal, NTR District to pass from Navepothavaram to Kanchikacherla road. ‘ lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of the proceedings in Rc.No.622/2021/TO(i) dated 17.02.2024 issued by the District Forest Officer i.e., the 2"^^ respondent herein pending disposal of the above writ petition. lA 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 direct the respondents 3 and 5 not to interfere with the transportation of the mineral/road metal and gravel from the mining leased area in Sy. No. 801 of Paritala Village, Kanchikacherla Mandal, NTR District to pass from Navepothavaram to Kanchikacherla pending disposal of the above writ petition. Counsel for the Petitioner: SRI V. SAI KUMAR Counsel for the Respondent Nos.1, 2, 3 & 5 : GP FOR FORESTS Counsel for the Respondent No.4 : GP FOR MINES & GEOLOGY The Court made the following; ORDER APHC010067482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY ,THE FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 3887/2025 Between: 1.M/S. SRI GOPAL ROCKS, AND MINERALS,, REPRESENTED BY ITS PROPRIETOR SRI DEVINENI YUGADEV, S/0. LATE GOPALA KRISHNA, AGED 31 YEARS, R/0. D. NO. 54-13-8, PLOT NO. 100, SRINIVASA NAGAR BANK COLONY, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY (ENVIRONMENT, FORESTS, SCIENCE AND TECHNOLOGY DEPARTMENT), SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE DIVISIONAL FOREST OFFICER, NTR DIVISION (NTR DISTRICT), VIJAYAWADA, NTR DISTRICT ANDHRA PRADESH. 3.THE DEPUTY RANGE OFFICER, FOREST DEPARTMENT, KANCHIKACHERLA SECTION OF VIJAYAWADA RANGE, NTR DIVISION, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. 4.DEPARTMENT OF MINES AND GEOLOGY, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. REPRESENTED BY ITS DISTRICT MINES AND GEOLOGY OFFICER. 5.THE FOREST RANGE OFFICER, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner: 1.VSAI KUMAR Counsel for the Respondent(S): 1.GP FOR FORESTS 2.GP FOR MINES AND GEOLOGY The Court made the following ORAL ORDER: Heard Sri V. Sai Kumar, Ld. Counsel for the Writ Petitioner and Ms. B. Sravani, Ld. Asst. Government Pleader for Forests. 2. In view of the recent Proceedings dated 17.02.2025 passed by the District Forest Officer, NTR Division, Vijayawada, Sri V. Sai Kumar, Ld. Counsel for the Writ Petitioner seeks to withdraw this Writ Petition with liberty to challenge the said Order dated 17.02.2025. 3. Request granted. 4. Accordingly, this Writ Petition is dismissed as withdrawn with liberty to the Writ Petitioner to challenge the Order dated 17.02.2025 passed by the District Forest Officer, NTR Division, Vijayawada. No order as to costs. 5. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SEcflTONN OFFICER To, 1. One CC to Sri V. Sai Kumar, Advocate [OPUC] 2. TwoCCsto OPforForests, High Court of Andhra Pradesh. [OUT] [OUT?^^^° GP for Mines & Geology, High Court of Andhra Pradesh. 4. Three C.D. Copies. Cnr HIGH COURT DATED:04/03/2025 ORDER WP.No.3887 of 2025 ^ 17 MAR 2025 Current tancuon . ^^^£spatchS«i' DISMISSING THE W.P. AS WITHDRAWN WITHOUT COSTS