Disposed¶64

Shaik Mahamood, v. The State of Andhra Pradesh

Andhra Pradesh HC6 Mar 2025WP/5075/2025

Case brief

AI extract

What is this about?

AP High Court Amaravati, WP No. 5075 of 2025, decided 07/03/2025 by Justice Kiranmayee Mandava — illegal hill mining, rock blasting and gravel transport beside residences in Sy.No. 199/A, Lam Village, Tadikonda Mandal, Guntur District; mandamus sought against official inaction on complaints; Tahsildar's inspection and preventive measures noted; Mines officials (respondents 2, 4, 5, 11) directed to prevent illegal mining; writ petition disposed of without costs.

What did the court decide?

Direction issued to respondents 2, 4, 5 and the impleaded respondent 11 to ensure that no illegal mining activity takes place in Sy.No. 199/A of Tadikonda Mandal; writ petition disposed of with no order as to costs; as a sequel, pending interlocutory applications stand closed. ¶64

Shaik Mahamood, Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents' inaction in considering and taking action on the petitioner's complaints of illegal hill mining, blasting of hill rocks beside residential houses and transport of gravel in Sy.No. 199/A, Lam Village, Tadikonda Mandal, Guntur District is illegal/arbitrary and violative of Articles 19, 21 and 300-A, warranting a mandamus directing the respondents to stop the mining. +1 more

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Court's answer

Respondents 2 (Director of Mines and Geology), 4 (Deputy Director), 5 (Assistant Director) and the impleaded respondent 11 (DMGO, Narasaraopet) are directed to see that no illegal mining activity takes place in the subject area of Sy.No. 199/A of Tadikonda Mandal.

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Key takeaways

The Court recorded, on the instructions and Tahsildar's proceedings placed on record, that officials had inspected the area and that, as of the date of hearing, no such mining activity was happening.obiter¶61

Detailed headnote1 paragraphs

High Court of Andhra Pradesh (Amaravati), Writ Petition No. 5075 of 2025 (Justice Kiranmayee Mandava, 07-03-2025): The petitioner complained of unauthorised and illegal mining, blasting of hill rocks and transport of gravel in Sy.No. 199/A, Lam Village, Tadikonda Mandal, Guntur District, immediately beside the residential locality, and of official inaction on his representations dated 02.01.2025, 20.01.2025 and 07.02.2025. The Tahsildar, Tadikonda Mandal, with the Mandal Revenue Inspector and Village Revenue Officer, had inspected the land, observed and stopped the illegal mining, entrusted the VRO and VRAs of Lam, Raipudi and Yelamanda villages to prevent recurrence, and requested the Director, District Mines and Geology, and the Tadikonda Police to take necessary preventive steps; the learned Assistant Government Pleader for Mines and Geology reported that no mining activity was occurring as on the date of hearing. Directing respondents 2, 4, 5 and the impleaded respondent 11 to see that no illegal mining activity takes place in Sy.No. 199/A, the Court disposed of the writ petition without costs, closing pending interlocutory applications.

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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HON’BLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 5075 OF 2025

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Between:

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Lam Village, Tadikonda Mandal, Guntur Godavari District.

Occ.Agriculture

...PETITIONER

AND

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

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The Director of Mines and Geology, Anjaneya Towers Ibrahimpatnam,

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Vijayawada, Krishma District.

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The District Collector, Guntur District, Guntur.

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The Deputy Director of Mines and Geology, Guntur, Guntur District. 5. The Assistant Director of Mines and Geology, Guntur Guntur District.

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The Tahsildar, Tadikonda Mandal Guntur District.

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The Village Revenue Officer, Lam Village, Tadikonda Mandal , Guntur District.

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The Panchayat Secretary, Lam Village, Tadikonda Mandal Guntur District.

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The Superintendent of Police, Guntur, Guntur District.

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The Station House Officer, Tadikonda, Guntur District. 11. The District Mines and Geology Officer (DMGO), Narasaraopet Palnadu District. ’

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...RESPONDENTS

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(R11 is impleaded as per the Court’s Order dt. 07.03.2025 in lA 02/25 m Writ Petition and Affidavit)

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Petition under Article 226 of the Constitution of India is filed praying

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that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ, order or direction, more particularly

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one in the nature of writ of Mandamus declaring the inaction of respondents in considering and taking action on the complaint of the petitioner with regard to illegal hill mining, blasting hill rocks beside residing houses and transport gravel in Sy.No. 199/A, Lam Village, Tadikonda Mandal, Guntur District as illegal arbitrary, violation of Articles 19, 21 and 300-A of the Constitution of India and also violation of The Mine 1952 and violative of fundamental rights guaranteed under the Constitution of India, consequently directing the respondents to stop the hill mining and blasting hill rocks beside residing houses and transport gravel earth from survey numbers 199/A, Lam Village, Tadikonda Mandal, Guntur District.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC is filed 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 stop the illegal and unauthorized excavation, digging, blasting and transportation of rocks and gravel earth by the unauthorized persons without any permissions in 199/A, Lam Village, Tadikonda Mandal, Guntur by consider representations dated 07-02-2025.

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Counsel for the Petitioner: SRI SRIDHAR TUMMALAPUDI Counsel for the Respondent Nos. 1, 2, 4, 5 & 11: GP FOR MINES AND

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GEOLOGY

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Counsel for the Respondent Nos- 3, 6 & 7: GP FOR REVENUE Counsel for the Respondent Nos'.9 & 10: GP FOR HOME

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Counsel for the Respondent No.8: SRI Y KOTESWARA RAO (SC FOR ZPPS, MPPS & GP)

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The Court made the following: ORDER

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APHC010095142025

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[3458]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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■ H

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(Special Original Jurisdiction)

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FRIDAY ,THE SEVENTH DAY OF MARCH 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: 5075/2025

Between:

Shaik Mahamood,

...PETITIONER

AND

The State Of Andhra Pradesh and Others Counsel for the Petitioner:

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...RESPONDENT(S)

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SRIDHAR TUMMALAPUDI

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.GP FOR REVENUE

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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 Sridhar Tummalapudi, learned counsel for the petitioner and Ms. Sudeepthi Potiuri, learned Assistant Government^{PleaderforMines} and Geology.

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Challenging the inaction of the respondents in considering^and taking action on the petitioner's complaint against the unauthorized and illegal mining and blasting of hill rocks and transport of gravel in Sy.No. 199/A, Lam

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i Pi

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Village, Tadikonda Mandal, Guntur District, just beside the residential locality where the petitioner lives, the present writ petition^isfiled. 3. The petitioner contends that just beside the residential^areaof Lam village, mining activity has been going on illegally, causing damage to their residential houses. The petitioner has brought^{tothenoticeofallthe} official respondents by way of representations dated^{02.01.2025,20.01.2025} and 07.02.2025 about the illegal mining, however, no^{actionhasbeentaken} on the said representations. The petitioner apprehends a threat of damage to the buildings.

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Learned Assistant Government Pleader for Mines and Geology has placed a copy of the instructions, received by^{theOfficeoftheDirector,} District Mines and Geology, from the Tahsildar, Tadikonda^{Mandal,inthecase.} 5. A perusal of the said proceedings would reveal that^{theTahsildar,} Tadikonda Mandal, along with the Mandal Revenue Inspector and Village Revenue Officer, have inspected the subject land, observed the illegal mining. and stopped them from conducting mining and entrusted^{theV.R.O.,and} V.R.As., of the Villages of Lam, Raipudi, and Yelamanda,^{toensurethatno} further illegal mining occurs in Sy.No.199/A of Tadikonda^Mandal. He further requested the Director, District Mines and Geology,^{andtheTadikondaPolice} Station to do all necessary to prevent illegal mining in the subject land. Learned Assistant Government Pleader for Mines and Geology submits that officials have inspected the said area, and as of today, no such mining activity is happening.

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A copy of the proceedings of the Tahsildar is placed on record. 7. The 2^^, 4*^, 5**^ and as well as impleaded 11*^ respondent are directed to see that no illegal mining activity is taken place in the subject area of Sy.No. 199/A of Tadikonda Mandal.

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