Single judge closed a writ petition concerning alleged illegal sand mining after the lease expired and the inspection team found the site inundated. No further adjudication was held.
Writ petition closed without costs; pending miscellaneous petitions, if any, stood dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 11300 OF 2023
Between:
1. Redyam Venkata Rami Reddy, S/o. Redyam Venkata Reddy, R/o. 1/8, Chemillapalli, Kothapet, Cuddapah, Andhra Pradesh-516163.
2. Saaniboyina Narasimhulu, S/o. Narasimhulu, Chennumukkapalle, Khajapeta Mandal, Kadapa, Andhra Pradesh.
3. Timmareddy Lakshmi Reddy, C/o. Tappaturu Palle, Khajapeta Mandal, Kadapa, Andhra Pradesh,
AND
...RESPONDENTS
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 .a Writ, Order or Direction more particularly one in nature of Mandamus declaring the action of the Respondents in not considering the Representation dated 17.04.2023 . vide Spandana Request No. H6/17/2023 requesting them to take action against the. illegal sand mining carried out by the 7‘^ Respondent herein being violative of Article 19 and 21 of the Indian Constitution and b;direct the Respondents to restrain the 7*’’ Respondent from carrying out illegal mining operations in contravention to the Sand Mining Policy of the State and other laws for the time being in force.
lA NO: 1 OF 2023
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 direct the Respondents to consider the representation dated 17.04.2023 vide Spandana Request No. H6/17/2023 requesting them to take action against the illegal sand mining carried out by the 6*^ Respondent herein being violative of Article 19 and 21 of the Indian Constitution.
lA 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 to constitute a committee to ascertain as to the extent of which the mining activity is being conducted by the 7*^ Respondent.
lA NO: 3 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 to direct the 5 Respondent to restrain the 6’*’ Respondent from carrying out mining activity beyond the extent allocated to him both in terms of extent and depth pending disposal of this Writ Petition.
Counsel for the Petitioners : SRI VENKAT CHALLA
Counsel for the Respondent Nos.l, 3 & 5 : GP FOR MINES AND GEOLOGY
Counsel for the Respondent Nos.2 & 4 : GP FOR REVENUE
Counsel for the Respondent Nos.6 & 8 : GP FOR HOME
Counsel for the Respondent No.7 : NONE APPEARED
The Court made the following: ORDER
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No. 11300 OF 2023
Between:
... Petitioners
Versus
.:. Respondents
Counsel for the petitioners
: Sri Venkat Challa
Counsel for respondent Nos. 1, 3 : GP for Mines and Geology &5 Counsel for respondent Nos.2 ds 4 : GP for Revenue Counsel for respondent Nos.6 fis 1 : GP for Home
ORDER
The present writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
“ (a) to issue an appropriate writ or any other order or direction particularly on in nature of Mandamus declaring the action of the respondents in not considering the representation dated 17.04.2023 vide Spandana
Page 2 of 5
SRS, J W.P.No.11300 of 2023
Request No.H6/17/2023 requesting them to take action against the illegal sand mining carried out by the 7“* respondent herein being violative of Article 19 and 21 of the Indian Constitution and
(b) direct the respondents to restrain the T*** respondent from carrying out illegal mining operations in contravention to the Sand Mining Policy of the State and other laws for the time being in force
(c) and pass such any other order(s) as this Honhie Court may deem fit and proper in the circumstances of the
case.”
i
(f
Page 3 of 5
SRS, J W.P.No.11300 of 2023
for Mines and Geology submitted enquiry report vide Letter No. 1506/KDP/2022-23, dated 01.08.2023.
^^is required in the writ petition.
■3s....
Page 4 of 5
SRS, J W.P.No.11300 of 2023
8. In view of the above submissions, the Writ Petition is
closed. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall
stand dismissed.
Sd/- N. NAGAMMA ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To, SECTION 1. One CC to Sri Venkat Challa, Advocate [OPUC] 2. [OUI?of Andhra Pradesh. 3. Two rr! Io no I" 2®''®"“®' C®"* of Andhra Pradesh. [OUT] 4. 5. Two § D CoX ' lOU'n Cnr
a
HIGH COURT
DATED:03/08/2023
ORDER
16 AUG 2023 m
J. Currer Section
WP.No.11300 of 2023
CLOSING THE W.P. WITHOUT COSTS
1 issue framed by the court
Whether the High Court should adjudicate on the illegal sand mining after the lease period expired and the site was found inundated with water.
Redyam Venkata Rami Reddy and others
The State of Andhra Pradesh Rep. by its Principal Secretary, Department of Mines and Geology
M/s. Jaiprakash Power Ventures Limited
Subba Reddy Satti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
