Gaveni Anjaneya Prasad, Vs The State of Andhra Pradesh

GAVENI SIVA RAMA KRISHNAIAH,, S/O LATE SRI SUBBAIAH, AGED ABOUT 58 YEARS, R/O DAMULURU VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH

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GAVENI GHANAJAMBA, W/O LATE SRI SUBBAIAH, AGED ABOUT 80 YEARS, R/O DAMULURU VILLAGE, IBRAHIMPATNAM MANDAL, KRISHNA DISTRICT ANDHRA PRADESH

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, INDUSTRIES AND COMMERCE (MINES-I) DEPARTMENT, AP, SECRETARIAT, HYDERABAD.

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THE DIRECTOR OF MINES AND GEOLOGY, THE STATE OF ANDHRA PRADESH, BRKR BHAVAN, BASHEERABAGH, HYDERABAD.

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THE ASSISTANT DIRECTOR OF MINES AND GEOLOGY, KRISHNA DISTRICT.

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THE AGRICULTURE OFFICER MINES, IBRAHIMPATNAM MANDAL,

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2

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IBRAHIMPATNAM, KRISHNA DISTRICT.

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5. THE DISTRICT COLLECTOR MINES, KRISHNA DISTRICT.

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...RESPONDENT(S):

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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 toto issue a Writ direction or an order, one more in the nature of a Writ of Mandamus: i. declaring that the Petitioners are entitled to extract and transport sand deposits from their Patta Lands situate in S. No. 131/2B to an extent of Ac. 6.58 Cents, Ac. 6.58 Cents and Ac. 19.58 Cents totaling to an extent of Ac. 32.74 Cents situate in Damuluru Village, Ibrahimpatnam Mandal, Krishna District in terms of Government Memo No. 13623 / SPIU 136 SAND/A1/2013 - 1, dated 18.12.2013; and ii. declaring that G. 0. Ms. No. 94 Industries and Commerce (Mines) Department, dated 28.08.2014 in so far as it seeks to cancel the allotment of sand already made is arbitrary and illegal and in violation of principles of natural justice; and iii. consequently direct the Respondents to issue permits for transportation of sand extracted from the Patta lands belonging to them by and not to interfere with the rights of the Petitioners to extract sand from their Patta lands situate in S. No. 131/2B to an extent of Ac. 6.58 Cents, Ac. 6.58 Cents and Ac. 19.58 Cents totaling to an extent of Ac. 32.74 Cents situate in Damuluru Village, Ibrahimpatnam Mandal, Krishna District, subject to payment of Royalty and Seignorage Fee and iv. pass such other order or orders as may be deemed fit and proper by this Honorable Court, in the interests of justice.

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IA NO: 1 OF 2014(WPMP 35929 OF 2014

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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 the grant made in our favour vide Memo No.13623/SPIU & SAND/A1/2013-1, Dt.18-12-2014, pending disposal of the above writ petition and to pass such other order or orders as this Hon'ble Court deems fit and proper in

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IA NO: 1 OF 2016(WVMP 663 OF 2016

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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 vacate the interim orders passed in W.P.No. 28707 of 2014 dated: 23-09-2014 and dismiss the Writ Petition with costs and pass

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Counsel for the Petitioner(S):

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3

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1.SIVARAJU SRINIVAS

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Counsel for the Respondent(S):

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1.GP FOR MINES AND GEOLOGY (AP)

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2.GP FOR INDUSTRIES COMMERCE (AP)

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The Court made the following:

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4

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 28707/2014

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ORDER:

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When the matter is taken up for hearing, there is no representation on behalf of the petitioners.

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Learned counsel Government Pleader for the respondents

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submits that the petitioners sought for transport permit for the year 2012-2013. As such, no cause survives for further adjudication and the Writ Petition becomes infructuous.

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