APHC010049902026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3048/2026 Between: 1. SARELLA RAMA RAO, S/O. SARELLA DASU, AGED ABOUT 65 YEARS, R/O. D.NO.3 -66 PEDA PETA, VELIVELA VILLAGE, PALAKOL MANDAL, WEST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, 522237. 2. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, AT BHIMAVARAM, ANDHRA PRADESH,534201. 3. THE REVENUE DIVISIONAL OFFICER, NARSAPUR, WEST GODAVARI DISTRICT. 534275 4. THE MANDAL DEVELOPMENT OFFICER, PALAKOL, WEST GODAVARI DISTRICT. 534260 5. THE VELIVELA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, VELIVELA VILLAGE, PALAKOL MANDAL, WEST GODAVARI DISTRICT. 534250. ...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 2 pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action, deeds and things of Respondents specifically Respondents 4 AND 5 in allowing the illegal felling of 100 coconut trees and unauthorized excavation/sale of sand from the Puchalagunta Pond in R.S.No.177 of Velivela Village. Palakol Mandal, West Godavari District, which is illegal, irregular, un-just, against to the Principle of Natural Justice, contrary to the provisions of The Andhra Pradesh Minor Minerals concession Rules, 1966 - The A.P Water, Land and trees Act,2002- The Mineral conservation and Development rules,2017 -,and in violations of Article 14 AND 21 of the Constitution of India, consequently to direct the Respondents forthwith to stop all the unauthorized excavation/sale of sand from the Puchalagunta Pond in R.S.No.177 of Velivela Village, Palakol Mandal, West Godavari District and to pass IA NO: 1 OF 2026 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 forthwith to stop all the unauthorized excavation/sale of sand and also cutting of trees on bunds of tank from the Puchalagunta Pond in R.S.No.177 of Velivela Village, Palakol Mandal, West Godavari District by considering the Representation dated 09-01-2026 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following: :: ORDER :: Heard Sri Dasari S.V.V.S.V.Prasad, learned counsel for the petitioenr, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, appeared for the 1st respondent, learned Assistant Government Pleader, appeared for the respondents 2 and 3 and Sri 3 Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel appeared for the respondents 4 and 5. 2. The petitioner, a resident of Velivela Village, Palakol Mandal, West Godavari District, filed the above writ petition to declare the action of respondents 4 and 5 in allowing illegal felling of 100 coconut trees and unauthorised excavation and sale of sand from Puchalagunta Pond in R.S.No.177 of Velivela Village, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that Ac.5.20 cents in R.S.No.177 of Velivela Village is described as Puchalagunta Pond. All the villagers have been using the Pond/Tank for their purposes. Coconut trees are planted on the bunds of the Pond. The lease of the trees fetches an amount of Rs.1,50,000/- per annum, and the fishing lease of the tank generates an income of Rs.4,00,000/- per annum. 4. Be that as it may, the respondents 4 and 5, in collusion with the In- Charge Sarpanch, without obtaining any permission and conducting the Grama Sabha, cut the coconut trees. The petitioner made a representation dated 09.01.2026 (Ex.P1) to the 2nd respondent. However, the same was not considered. 5. Sri Chaitanya, learned counsel representing Sri Y.Koteswara Rao, learned Standing counsel appeared for the respondents 4 and 5, would submit that the Panchayat Secretary of the 5th respondent made an application in Form-13 as per Rule 24 of the Andhra Pradesh Water, Land and Trees Rules, 4 2004, to the Forest Division, West Godavari District, Bhimavaram, seeking permission to cut 58 coconut trees. After getting permission, a resolution was passed by the Gram Panchayat on 05.01.2026 for the excavation of sand from the Pond/Tank for strengthening the bunds. Thereafter, some of the coconut trees which are not yielding fruit and suffered from thunder were removed. Learned counsel would further submit that the 5th respondent had not granted permission to any individual to take away the sand from the Pond/Tank. He also would submit that the 5th respondent will not allow anybody to excavate the sand illegally. 6. Given the facts and circumstances of the case, the grievance of the petitioner regarding the felling of coconut trees is misconceived, since the authority cut the trees after obtaining permission from the concerned. The instructions of the 5th respondent are taken on record. 7. Accordingly, the writ petition is disposed of, at the stage of admission with the consent of all the learned counsel, directing the 5th respondent to see to it that no illegal excavation of sand from the Puchalagunta Pond, Velivela Village. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 05.02.2026 SNI 5 160 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3048 OF 2026 Date: 05.02.2026 SNI