In a writ petition challenging sand mining near petitioner lands, the Court found excavation occurred at 600 meters distance on government lands, not on petitioner land, and dismissed the petition.
Writ petition dismissed; future illegal excavation on subject lands reserved to be challenged.
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.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
THURSDAY, THE THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 3908 OF 2023
Between:
S.C. B.C. Godavari D Form Patta Lanka Bhumula Development Society, Rep. by its President. Goila Yedukondala Srinivas, S/o. Manganna, aged about 55 years, D. No. 4-16, Chinchinada Village, Yelamanchili Mandal, West Godavari District, A.P.
...PETITIONER
AND
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 any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent authorities in granting permission for illegal mining and excavation of the sand from the Petitioner's Society members lands in an extent of Ac.60.00 cents situated in Survey Nos. 389, 391, 392, 393, 394, 395, 396, 397, 398 and 399 of Yenuguvanilanka Village, Yelamanchili Mandal, West Godavari District which is just adjacent to the Godavari River which would badly affect the livelihood of the Petitioner's Society members who are cultivating those lands for their livelihood by way of lawful pattas issued by the Respondent authorities way back in the year 1983 as illegal, arbitrary, unjust and against the principles of natural justice and in violation of Article 14, 19, 21 and 300-A of the Indian Constitution and direct the Respondent authorities to preserve the Petitioner's Society members lands in an extent of Ac.60.00 cents situated in Survey Nos. 389, 391, 392, 393, 394, 395, 396, 397, 398 and 399 of Yenuguvanilanka Village, Yelamanchili Mandal, West Godavari District.
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 to pass an interim order directing the Respondent authorities to stop the excavation of the sand from the Petitioner's Society members lands in an extent of Ac.60.00 cents situated in Survey Nos. 389, 391, 392, 393, 394, 395, 396, 397, 398 and 399 of Yenuguvanilanka Village, Yelarnanchili Mandal, West Godavari District by considering the representation dated 19.01.2023, until disposal of the above writ petition.
IA NO: 2 OF 2023
Between:
..Petitioners/Respondents
AND
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 vacate the interim order dated 03-03-2023 in W. P No. 3908 of 2023 and also dismiss the writ petition.
Counsel for the Petitioner(s): SRI. SRINIVASA RAO NARRA
Counsel for the Respondents 1,2,5 to 7, 14: GP FOR REVENUE
Counsel for the Respondents 3 & 4 : GP FOR IRRIGATION & CAD
Counsel for the Respondents 8 & 9 : SRI E.V. JAGANNADHA RAO, SC FOR APSHCL
Counsel for the Respondents 10 to 13 : GP FOR MINES & GEOLOGY
Counsel for the Respondents 15 & 16: SRI N SRIHARI, SC FOR ZPP, MPP & GP
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.3908 of 2023
S.C. B.C. Godavari D Form Patta Lanka Bhumula Development Society, Rep. by its President Golla Yedukondaia Srinvias, S/o Manganna, aged about 55 years, S/o Manganna, aged about 55 years, D.No.4-16, Chinchinada Village, Yelamanchili Mandal, West Godavari District, A.P.
Petitioner Versus
The State of Andhra Pradesh, Rep. by its Prl. Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi and fifteen others.
Respondents
Counsel for the petitioner : Sri Narra Srinivasa Rao Counsel for respondents GP for Revenue, GP for Mines and Geology, GP for Irrigation, Sri E.V.
Jaganadha Rao and Sri N. Srihari, respective Standing Counsel
ORDER:
Petitioner's society represented by its President, filed the above writ petition under Article 226 of the Constitution of
India, seeking the following relief:
"... to issue any writ, order or Direction more particularly one in the nature of writ ofMandamus
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SRS,J W.P.No.3908 of 2023
declaring the action of the Respondent authorities in granting permission for illegal mining and excavation of the sand from the Petitioner's Society members lands in an extent of Ac.60-00 cents situated in Survey Nos.389, 391, 392, 393, 394, 395, 396, 397, 398 and 399 of Yenuguvanilanka Village, Yelamanchili Mandal, West Godavari District which is just adjacent to the Godavari River which would badly affect the livelihood of the Petitioner's Society members who are cultivating those lands for their livelihood by way of lawful pattas issued by the Respondent authorities way back in the year 1983, as illegal, arbitrary, unjust and against the principles of natural justice and in violation of Article 14, 19, 21 and 300-A of the Indian Constitution and direct the Respondent authorities to preserve the Petitioner's Society members lands in an extent of Ac.60-00 cents situated in Survey Nos.389, 391, 392, 393, 394, 395, 396, 397, 398 and 399 of Yenuguvanilanka village, Yelamanchili Mandal, West Godavari District and pass ..."
SRS,J W.P.No.3908 of 2023
Page 3 of 9
members of the society are eking out livelihood by raising prawns ponds in an extent of Ac.30-00 cents and doing cultivation in another extent of Ac.30-00 cents. While so, the officials of Andhra Pradesh State Housing Corporation/respondent No.9 tried to dig the lands of the members of petitioner's society by using cranes and heavy vehicles. On enquiry, officials of respondent No.9 informed that they got permission from District Collector, for mining the sand. Granting permission for mining and digging the sand in the river bund of Godavari is against the Mines and Minerals (Development and Regulation) Act, 1957. Representation dated 19.01.2023 was submitted on behalf of the society to the respondents, requesting not to take up digging in their lands, however, it was not acted upon. Hence, the above writ petition.
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SRS,J W.P.No.3908 of 2023
D' form pattas were issued to 228 individuals, in an extent of Ac.50-28 cents of land in R.S.Nos.389 and 391 to 399 of Yenuguvanilanka village, Elamanchili Mandal. The conditions in the patta stipulate cultivation of lands i.e. agriculture crops, vegetables, etc. The pattadars shall not convert the land into fish/prawn tanks and patta lands shall not be transferred to others. Respondent No.9, Project Director, Housing by following the procedure and after obtaining necessary permission from the Government i.e Mining, Irrigation and Revenue Departments, got excavated bondumatti from Peruguda Lanka, which are government lands, formed with silt/soil during recurring floods to river Godavari every year, but not from D' class patta lands. Godavari river bund is 6O0 meters away from Perugudulanka, from where bondumatti was excavated. One Dantuluri Raja Gopala Raju filed temporary permit application dated 25.02.2023 for excavation of ordinary earth for 1,00,000 cubic meters over an extent of Ac.6.070 cents in Perugudulanka, Y.V. Lanka village, Elamanchili Mandal. M/s Khee Infrastructures filed temporaryPage 5 of 9
SRS,J W.P.No.3908 of 2023
permit application dated 08.03.2023 for excavation of ordinary earth for 1,00,000 cubic meters, over an extent of Ac.6-00 cents in Peurugudulanka. The pattas have been assigned to the individuals with a condition that they shall cultivate the lands. However, patta holders violated conditions 1, 2, 4 and 5. Pattadars have not obtained any permission from the Fisheries or Irrigation or Revenue Departments for digging of prawn tanks in `D' form patta lands. Further draining of polluted waste water of the aqua culture into river Godavari is against Rule 18 of WALTA Act, 2004. The members of petitioner's society filed representation dated 19.0 1.2023 before Collector, West Godavari requesting the authority to see to it that no digging operation takes place in Perugulanka. Mining permission was not granted to dig the sand from the lands of the members of. petitioner's society, but permission was granted to dig bondu matti from Government lands. Eventually, prayed to dismiss the writ petition.
SRS,J W.P.No.3908 of 2023
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SRS,J W.P.No.3908 of 2023
As a sequel, all the pending miscellaneous petitions shall stand closed.
Sd/- K.SRINIVASA RAJU ASSISTANT. REGISTRAR //TRUE COPY// SECTION `6FFICER
To, 1. One CC to SRI.SRINIVASA RAO NARRA Advocate [OPUC] 2. Two CCs to GP FORREVENUE,HighCourt of AndhraPradesh. [OUT] 3. Two CCs to GP FORIRRIGATIONCOMM AREA DEV,HighCourt of Andhra Pradesh. [OUT] 4. One CC to SRI E.V.JAGANNADHARAO, SC FOR APSHCL [OPUC] 5. Two CCs to GP FORMINES & GEOLOGY,HighCourt of AndhraPradesh. [OUT] 6. One CC to SRI NSRIHARI, SC FOR ZPP, MPP & GP [OPUC] 7. Two CD Copies MSR gl
HIGH COURT
DATED:03/08/2023
ORDER
WP.No.3908 of 2023
DISMISSING THE WP WITHOUT COSTS
1 issue framed by the court
Whether excavation of sand at a distance of 600 meters from the petitioner's lands constituted illegal mining affecting the petitioner's rights.
S.C. B.C. Godavari D Form Patta Lanka Bhumula Development Society
The State of Andhra Pradesh
SUBBA REDDY SATTI
As recorded by the court registry
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