1 APHC010610572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 31930/2025 Between: 1. MUTTAMSETTI DIVYA BHARATHI,, W/O. PRABHAKAR RAO AGED 30 YEARS, OCC- CULTIVATION, R/O. KANASANAPALLI VILLAGE, AGIRIPALLI MANDAL, ,ELURU DISTRICT (FORMERLY KRISHNA DISTRICT). 2. MUTTAMSETTI VARALAKSHMI,, W/O. VARA PRASADARAO, AGED 65 YEARS OCC- CULTIVATION, R/O. KANASANAPALLI VILLAGE, AGIRIPALLI MANDAL, ELURU DISTRICT (FORMERLY KRISHNA DISTRICT). 3. MUTTAMSETTI RAMBABU,, S/O. VENKATESWARA RAO, AGED 54 YEARS, OCC- CULTIVATION, R/O. KANASANAPALLI VILLAGE, AGIRIPALLI MANDAL, ELURU DISTRICT (FORMERLY KRISHNA DISTRICT). 4. MUTTAMSETTI KRISHNA KUMARI,, W/O. LATE RANGA RAO AGED 60 YEARS, OCC- CULTIVATION, R/O. KANASANAPALLI VILLAGE, AGIRIPALLI MANDAL, ELURU DISTRICT (FORMERLY KRISHNA DISTRICT). ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE (MINES) 2 DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DIRECTOR OF MINES AND GEOLOGY, GOVERNMENT OF ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT. 3. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, ELURU, ELURU DISTRICT. 4. THE ASSISTANT DISTRICT MINES AND GEOLOGY OFFICER, ELURU, ELURU DISTRICT. 5. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU. 6. THE TAHSILDAR, AGIRIPALLI MANDAL, ELURU DISTRICT. 7. KANASANAPALLI GRAM PANCHAYAT, REP BY ITS EXECUTIVE AUTHORITY-CUM-PANCHAYATH SECRETARY, KESANAPALLI VILLAGE, AGIRIPALLI MANDAL, ELURU DISTRICT. 8. M/S SREE ECHO MINES, , REP BY ITS PROPRIETOR SRI SUKAVATI SRINIVASA RAO, KANASANAPALLI VILLAGE AGIRIPALLI MANDAL, ELURU DISTRICT ...RESPONDENT(S): Counsel for the Petitioner(S): 1. PETLURI NAGA RAJU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Yarraguntla.KoteswaraRao,Standing Counsel For Zilla PrajaParishads,MandalPraja Parishads and Gra 3. POSANI AKASH 4. GP FOR MINES AND GEOLOGY The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 31930/2025 ORDER:- The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer: “to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or order, declaring the action of respondents in not preventing illegal mining operations being carried out by 8th respondent on the lands covered by Sy.Nos. 262, 252/2, and 252/4 at Kanasanapalli Revenue Village, Agiripalli Mandal, Eluru District as illegal, irregular, amounts to non discharge of legal obligation conferred on respondents and consequently direct the respondents 1 to 7 to prevent 8th respondent from conducting illegal mining over the aforementioned lands and ensure protection of agricultural lands, crops, mango plantations and livelihoods of the petitioners and neighboring small and marginal farmers of Kanasanapalli Village and pass ….” 2. Heard SriSk.Jahangeer Basha, learned counsel representing Sri Petluri Nagaraju, learned counsel for the petitioners; Ms. M.Anusha, learned Assistant Government Pleader for Mines and Geologyrepresenting for respondent Nos.1 to 4; Smt. Sayamma, learned Assistant Government Pleader for Revenue representing for the respondent Nos.5 and 6; and Sri Y.Koteswara Rao, learned Standing Counsel for Panchayat Raj representing for 7th respondent. 4 3. According to the learned counsel for the petitioners, the petitioners are permanent residents of Eluru District (formerly Krishna District). The substratum of the case is that the petitioners are challenging the illegal mining operations allegedly being carried out by the 8threspondent on the lands covered in Sy. Nos. 262, 252/2, and 252/4 of Kanasanapalli Revenue Village, Agiripalli Mandal, Eluru District. Therefore, they have questioned the inaction on the part of the official respondents. 4. The writ petition came to be filed on 11.11.2025 before this Court. The matter came up for hearing on 18.11.2025, and this Court permitted the petitioners to take out notice to the unofficial respondent No. 8. The learned Assistant Government Pleaders took notice on behalf of the official respondents. Thereafter, the matter had underwent several adjournments and finally on 19.02.2026, this Court has specifically directed the learned Senior Counsel appearing for the unofficial respondent to place the relevant proceedings on record, and has also directed the learned Assistant Government Pleaders to produce written instructions. 5. Consequently, the District Mines and Geology Officer, Eluru, furnished written instructions, which specifically indicate that the 8threspondent, namely M/s.Sree Echo Mines, represented by its Proprietor Sri Sukavati Srinivasa Rao, resident of Kanasanapalli Village, Agiripalli Mandal, Eluru District, submitted a requisition application in accordance with law. Upon payment of 5 the requisite documents as well as necessary amount, the authorities accorded permission in favour of the 8threspondent (un-official respondent) vide Proceedings No. 491/Q/2025, dated 04.11.2025, and Proceedings No. 492/Q/2025, dated 04.11.2025, in respect of the subject lands. 6. The learned counsel for the petitioners did not dispute the instructions furnished by the learned Assistant Government Pleader for Mines and Geology. However, the petitioners seeksleave to workout their legal remedies in accordance with law. 7. In view of the above, the writ petition is dismissed by leaving it open to the petitioners to workout their legal remedies on per law. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 23.02.2026 S D P 6 317 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 31930/2025 23.02.2026 W S D P