APHC010412742023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 21006/2023 Between: 1. PARVATHANENI SUBBA RAO, S/O. PARVATHANENI GANGARAJU, AGED. 64, R/O. H.NO. 3-15/A, MALAKACHERLA, 9TH WARD, DENDULURU MANDAL, RAMARAOGUDEM, SRIRAMAVARAM, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, WATER RESOURCES (IRRIGATION) DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT. 3. THE SUPERINTENDENT ENGINEER, WATER RESOURCES (IRRIGATION) DEPARTMENT, ELURU DISTRICT. 4. THE EXECUTIVE ENGINEER, WATER RESOURCES (IRRIGATION) DEPARTMENT, ELURU DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES (IRRIGATION) DEPARTMENT, ELURU DISTRICT. 6. M/S G S CONSTRUCTIONS, REP. BY ITS AUTHORISED PERSONNEL, FLAT NO.G3, VAISHNAVI PREMIDIS APARTMENTS, JUBILEE ENCLAVE, NEAR SHILPARAM, MADHAPUR, HYDERABAD. ...RESPONDENT(S): 2 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 order or direction more particularly one in the nature of writ of MANDAMUS Mandamus declaring the action of the respondent nos. 2 to 5 in permitting the 6th respondent from excavating silt/soil from Dharmarayudu Cheruvu situated in Ramaraogudem village, Dendaluru Mandal, Eluru District in violation of conditions and despite expiry of the permission issued 4th respondent vide EE/ID/Eluru/DB/TA/F.mines/1337 1.D/ dated 07-08-2023 as against law, arbitrary, without jurisdiction and vitiated by malafides and consequently direct the Respondent Nos. 2 to 5 to not allow the 6th respondent to excavate silt from Dharmarayudu Cheruvu situated in Ramaraogudem village, Dendaluru Mandal, Eluru District and further to impose penalties on the 6th respondent for illegal excavations of silt from Dharmarayudu Cheruvu situated in Ramaraogudem village, Dendaluru Mandal, Eluru District in violation of the proceedings dated 07-08-2023 and to pass IA NO: 1 OF 2023 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 direct the respondent authorities to restrain the 6th respondent from excavating the silt from Dharmarayudu Cheruvu situated in Ramaraogudem village, Dendaluru Mandal, Eluru District pending disposal of the writ petition and to pass IA NO: 2 OF 2023 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 direct the respondent authorities to direct the respondent authorities to forthwith consider representation dated 14-8-2023 submitted by the petitioner, pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. P SAI SURYA TEJA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV 3 The Court made the following ORDER: Sri P.Sai Surya Teja, learned counsel for the petitioner submitted that the cause in the writ petition does not survive and has become infructuous. Recording the said submission, 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 RAVI CHEEMALAPATI Date: 28.01.2026. JLV 4 282 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 21006/2023 Date: 28.01.2025. JLV