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2026 DAILYLAW 2780 (AP)

S. Venkateswara Reddy, v. THE STATE OF ANDHRA PRADESH

WP/14800/2026 · 2026-06-03

Subba Reddy Satti

body2026

Judgment text

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APHC010284372026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] THURSDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14800/2026 Between: 1. S. VENKATESWARA REDDY,, S/O. S. VENKATARAMI REDDY, AGED 33 YEARS, R/O. H. NO. 3-89, MAIN ROAD, BC COLONY, NEAR MAREMMA TEMPLE, KAMPAMALLA VILLAGE, KOILAKUNTIA MANDAL, NANDYALA DISTRICT-518 134 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, IRRIGATION AND CAD DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, WATER RESOURCES DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT, AMARAVATHI 3. THE STATE OF ANDHRA PRADESH, DEPARTMENT OF MINING AND GEOLOGY REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT, AMARAVATHI 4. THE DISTRICT COLLECTOR, COLLECTORATE, NANDYALA, NANDYALA DISTRICT. 5. EXECUTIVE ENGINEER, I AND CAD, MIW DIVISION NANDYAL 6. THE DEPUTY EXECUTIVE ENGINEER, I AND CAD, MIW DIVISION, KOILAKUNTIA, NANDYALA DISTRICT 7. THE ASSISTANT EXECUTIVE ENGINEER, I AND CAD, MIW DIVISION, KOILAKUNTIA, NANDYALA DISTRICT 8. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, NANDYAL, NANDYAL DISTRICT. 9. THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, NANDYAL, NANDYAL DISTRICT. 10. THE GRAMA PANCHAYAT, KAMPAMALLA, KOILAKUNTIA MANDAL, NANDYALA DISTRICT, REP. BY ITS PANCHAYAT SECRETARY ...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 pleased to issue order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in not stopping the indiscriminate excavation / mining of soil / clay from the kunta and its bund (cheruvu katta) at Sy.No. 308 of Kampalla village of Koilakuntia mandal of Nandyala District as patently illegal, arbitrary and violative of article 19 and 21 of the Indian Constitution and consequently direct the Respondents to protect the tank and its bunds structure at Sy.No. 308 of Kampalla village of Koilakuntia mandal of Nandyala District and pass such 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 to restrain the third parties from excavating the soil / clay from the tank and its bund (which is being used as a road) at Sy.No. 308 of Kampalla village of Koilakuntia mandal of Nandyala District; and pass such Counsel for the Petitioner: 1. VARUN BYREDDY Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 2. GP FOR MINES AND GEOLOGY The Court made the following order: Heard Sri Sai Saran Chodisetty, learned counsel representing Sri Varun Byreddy, learned counsel for the petitioner, Sri Rama Krishna, learned Government Pleader for Mines and Geology for the respondents 3, 8 and 9, Sri M.Ratna Kumar, learned Assistant Government Pleader for Irrigation for the respondents 1, 2, 5 to 7, Sri Bhagath Singh, learned Assistant Government Pleader for Revenue for the 4th respondent, and Ms. Kavitha, learned counsel representing Sri M.Sudhir, learned Standing counsel for the 10th respondent. 2. The above writ petition was filed to declare the in action of the respondents in stopping the excavation of soil/clay from the kunta and its bund in Sy.No.308 of Kampalla Village, Koilakuntla Mandal, Nandyal District, as illegal and arbitrary. 3. The writ petition was listed on 22.05.2026 and thereafter on 28.05.2026. 4. Sri M.Ratna Kumar, learned Assistant Government Pleader for Irrigation, submitted the written instructions of the Executive Engineer, W.R.D., M.I. Works Division, Nandyal, vide letter No.TW/TO/ATO/F/550 dated 21.05.2026. 5. As seen from the instructions, permission was granted to the farmers to lift soil from the tank bed with their own cost, without causing damage to the Government property, subject to the technical conditions laid down vide office proceedings No.S-20/TW/ATO/517M dated 18.06.2026, from 19.05.2026 to 21.05.2026. 6. Sri M.Ratna Kumar, learned Assistant Government Pleader for Irrigation, would submit that thereafter no person has been excavating soil/clay from the tank. The same is recorded. 7. Sri Sai Saran Chodisetty, learned counsel representing Sri Varun Byreddy, learned counsel for the petitioner, would submit that since the permission granted for three days was expired by efflux of time, no further adjudication is required in the writ petition. The statement made by the learned counsel is recorded and made part of the record. 8. Given the facts and circumstances of the case, the cause in the writ petition doesn’t survive. According, the writ petition is closed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 04.06.2026 SNI 37 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14800 OF 2026 Date: 04.06.2026 SNI