Matta Srinu Vs the State of Andhra Pradesh

Matta Srinu, S/o Narasimha Murthy, Aged about 44 years, Occ: MPTC, R/o. D. No. 1-30/9, Nallamilli Village, Rangampet Mandalam, East Godavari District.

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...Petitioner

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department Secretariat, Velagapudi, Amaravathi,^Guntur District.

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The Assistant Director, Mines and Geology Department, Rajamahendravaram, East Godavari District.

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The District Collector, Rajamahendravaram East Godavari District

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The Tahsildar, Rangampet Mandal, East Godavari District.

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The Executive Engineer, Yeleru Irrigation Division, Peddapuram, East Godavari District.

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Vasanta Gangaraju, S/o Prakash Rao, D.No. 12-200/A, Kothapeta, Pandalapaka Village Bikkavolu Mandal, East Godavari District, 533345.

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...Respondents

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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 oneⁱⁿ the nature

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of Writ of Mandamus, the inaction of the Respondents 2 to 5 in considering the representations of the petitioner Dt 09-06-2025 and 16.06.2025 and taking action- a'gainst the Respondent No.6 with regards to illegal excavation of silt and using the same for commercial activity as illegal arbitrary and violative of fundamental rights guaranteed under the Constitution of India more particularly Article 300A consequently directing the respondents 1 to 5 to stop the illegal excavation and transportation of silt being carried on by Respondent No.6. and consequently direct the official respondents to initiate civil and criminal action against unofficial respondent i.e., Respondent No.6 for carrying illegally using the de-silted mud for commercial use.

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lA NO: 1 OF 2n7.«^

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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 conduct a survey file a survey report with regard to the silting done so far.

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lA NO: 2 OF 2()9fi

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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 stay the excavation and transportation of silt activities covered vide proceeding No. 363-MA'IDPDP/2025-26 dated 19-05-2025 issued.

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Counsel for the Petitioner: SRI VENKATA NARAYANA RAO VEDULA Counsel for the Respondent Nos. 1 & 2: GP FOR MINES AND GEOLOGY Counsel for the Respondent Nos. 3 & 4: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR IRRIGATION COMM AREA DEV

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Counsel for the Respondent No.6:— The Court made the following order:

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/

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APHC010296262025

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IN THE HIGH COURT OF ANDHRA PRADESH SMB AT AMARAVATI [3458]

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(Special Original Jurisdiction)

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WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 15086/2025

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Between:

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1.MATTA SRINU, S/0 NARASIMHA MURTHY, AGED ABOUT 44 YEARS, OCC MPTC, R/O.D.NO.1-30/9, NALLAMILLI VILLAGE, RANGAMPET MANDALAM, EAST GODAVARI DISTRICT.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MINES AND GEOLOGY DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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2.THE ASSISTANT DIRECTOR, MINES AND GEOLOGYDEPARTMENT RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.

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THE DISTRICT COLLECTOR, RAJAMAHENDRAVARAM EAST GODAVARI DISTRICT

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4.THE TAHSILDAR, RANGAMPET MANDAL, EAST GODAVARI DISTRICT.

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5.THE EXECUTIVE ENGINEER, YELERU IRRIGATION DIVISION, PEDDAPURAM EAST GODAVARI DISTRICT.

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6.VASANTA GANGARAJU, S/O PRAKASH RAO, D.NO. 12-200/A, KOTHAPETA, PANDALAPAKA VILLAGE, BIKKAVOLU MANDAL, EAST GODAVARI DISTRICT, 533345.

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...RESPONDENT(S):

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2

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Counsel for the Petitioner:

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VENKATA NARAYANA RAO VEDULA

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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GP FOR IRRIGATION COMM AREA DEV

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3.GP FOR MINES AND GEOLOGY

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The Court made the following:

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ORDER:

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Heard Sri Venkata Narayana Rao Vedula, learned counsel for the petitioner, the learned Assistant Government Pleader for Mines and Geology, the learned Assistant Government Pleader for Irrigation Commercial Area Development and the learned Assistant Government Pleader for Revenue appearing for the respondents.

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The grievance of the writ petitioner is that the unofficial respondent has been illegally excavating silt from Jagannadha Sagaram Cheruvu, Nallimilli Village, Rangampeta Mandal East Godavari District, beyond the permission.

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It is stated that the respondent No.5 has issued proceedings dated 19.06.2025 allowing the respondent No.6 to excavate and transport 3,000 cubic meters of silt from the subject tank for a period of forty five (45) days. Despite expiry of the said permission, the respondent No.6 has been continuing with the excavation, unauthorizedly.

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3

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% 4. Today when the matter is taken up for admission, the^learned Assistant Government Pleader for Irrigation appearing for the respondent No.5 has placed a copy of written instructions received by him in the case. A perusal of the same would reflect that the respondent^{No.5-Executive} Engineer granted permission to the respondent No.6 for excavation and transportation of 3,000 cubic meters of silt to fill^{theirfieldsattheirown} cost, vide proceedings dated 21.06.2025. The permission^{issuedinfavour} of the respondent No.6 has been cancelled. It appears^{thattherespondent} No.6 was also instructed to stop the desilting operations^forthwith.

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Learned counsel for the petitioner would submit that^although the said permission was cancelled vide proceedings,^{dated21.06.2025,the} photographs annexed to the writ petition would show^{thatunauthorized} excavation of the subject tank has been going on. Learned^{counselfurther} submits that despite the cancellation of permission, the unofficial respondent has still been carrying on excavation for^{removalofsilt.} Thus prays for a direction to the respondents to conduct^survey in the said regard.

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This Court is not inclined to grant the direction to^thesaid extent of conducting survey to the petitioner, having^{regardtothefactthat} the permission that was granted has already been revoked.^Anysuch excavation by the respondent No.6 after cancellation^{ofthesaidpermission}

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if found, the petitioner is at liberty to bring it to the notice of the concerned department for appropriate action against the respondent No.6.

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With the above observation the Writ Petition is disposed of.

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There shall be no order as to costs.

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As a sequel, all pending miscellaneous applications shall stand

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closed.

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//TRUE COPY//

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Sd/- V DIWAKAR DEPUTY REGISTRAR

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SECTION OFFICER

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To.

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The Principal Secretary, Mines and Geology Department. Secretariat.

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Velagapudi, Amaravathi, Guntur District

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The Assistant Director, Mines and Geology Department

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Rajamahendravaram, East Godavari District.

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The District Collector. Rajamahendravaram, East Godavari District

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The Tahsildar, Rangampet Mandal. East Godavari District.

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The Executive Engineer, Yeleru Irrigation Division, Peddapuram. East Godavari District.

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One CC to Sri Venkata Narayana Rao Vedula, Advocate [OPUC] 7.. Two CCS to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CCS to GP for Irrigation Comm Area Dev, High Court of Andhra Pradesh [OUT]

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