Mopuru Bhakthavatsala Reddy Vs The State of Andhra Pradesh.

Mopuru Bhakthavatsala Reddy, S/o Mopuru Sundara Rami Reddy, Age 61 yrs, R/o.Flat No.107, B Block, Mars Sunshine Apartments, Kasuparthi Padu, SPSR Nellore District.514 004

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Mines and Geology Department, Secretariat, Velagapudi, Amaravati, Guntur District.522238

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The Directorate of Mines and Geology, Rep. by its Director, Department of Mines and Geology, Ibrahimpatnam, Vijayawada,521456

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The District Collector, SPSR Nellore District. 524001

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Deputy Director of Mines and Geology, Nellore, SPSR Nellore District. 524001

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The Assistant Director of Mines and Geology, SPSR Nellore District. 524001

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The Revenue Divisional Officer, Kavali, SPSR Nellore District. 524201

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The Tahsildar, Dagadarthi Mandal, SPSR Nellore District,524240

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The Station House Officer, Dagadarthi Mandal, SPSR Nellore District, 524240

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Gunnamreddy Harikishore reddy, S/o Raghurami Reddy Aged abourt 60 yrs, R/o Konduru Palem Village Dagadarthi Mandal, SPSR Nellore District,524240

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Dabbu Ramaniah, S/o Not known to the Petitioner Aged 67 yrs, R/o Tiruveedipadu Village, Dagadarthi Mandal, SPSR Nellore District,524240

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Mallikarjuna Reddy, S/o Not Known to the petitioner Aged 45 yrs, R/o Timmareddypalem Village, Dagadarthi Mandal, SPSR Nellore District,524240 12. Hanumantha Rao, S/o Not Known to the petitioner Aged 54 yrs, R/o Yalamanchipadu Village, Dagadarthi Mandal, SPSR Nellore District,524240

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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 any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 3 to 12 in interfering with petitioner’s land and illegally excavating huge quantities of sand from the petitioner’s land situated in an extent of Ac. 105 cents in Sy No. 118 of Tiruveedipadu Village, Dagadarthy Mandal, SPSR Nellore District, without obtaining any permission from any competent authorities as illegal, arbitrary and violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to excavate sand from the petitioner’s land situated in an extent of Ac.105 cents in Sy No. 118 of Tiruveedipadu Village, Dagadarthy Mandal, SPSR Nellore District and to pass such

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IA NO: 1 OF 2026

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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 may be pleased to direct the respondents not to interfere with the lands of petitioners by illegally excavating huge quantities of sand

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from his land situated in an extent of Ac. 105 cents in Sy No. 118 of Tiruveedipadu Village, Dagadarthy Mandal, SPSR Nellore District pending disposal of writ petition and pass any other order or orders may deem fit and proper in the interest of justice.

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IA NO: 2 OF 2026

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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 may be pleased to direct the respondents to consider the representation made by the petitioner to the 2nd respondent dt. 26.01.2026 pending disposal of writ petition and pass any other order or orders may deem fit and proper in the interest of justice.

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Counsel for the Petitioner: GRANDHI PRIYANKA

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Counsel for the Respondents: GP FOR MINES AND GEOLOGY

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The Court made the following order:

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HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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WRIT PETITION No.3747 OF 2026

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ORDER:

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The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India seeking the following main prayer:

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“to issue any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 3 to 12 in interfering with petitioner’s land and illegally excavating huge quantities of sand from the petitioner’s land situated in an extent of Ac. 105 cents in Sy No. 118 of Tiruveedipadu Village, Dagadarthy Mandal, SPSR Nellore District, without obtaining any permission from any competent authorities as illegal, arbitrary and violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to excavate sand from the petitioner’s land situated in an extent of Ac.105 cents in Sy No. 118 of Tiruveedipadu Village, Dagadarthy Mandal, SPSR Nellore District and to pass …..”

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The case of the petitioner is that he is the absolute owner and possessor of land of an extent of Ac.105 cents in Sy No. 118 of Tiruveedipadu Village, Dagadarthy Mandal, SPSR Nellore District. To substantiate the same, he also placed ryotwari patta dated 03.12.2013 granted in his favour and also other relevant documents.

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The main grievance of the petitioner is that the unofficial respondents are excavating sand from his land illegally without his knowledge.

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The learned Assistant Government Pleader for Mines and Geology submits that after filing the writ petition and after receiving the representation dated 12.01.2026, the mining authorities sensitized the revenue officials and other respondents. Consequently, the technical staff of the revenue and Mines Departments inspected the subject land on 27.01.2026 at Sy No. 118 of Tiruveedipadu Village, Dagadarthy Mandal, SPSR Nellore District.

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During the said inspection, the respondent authorities enquired about the Village Revenue Officer and inspected the premises and taken appropriate steps to stop the illegal mining. To that effect, the learned Assistant Government Pleader submitted written instructions dated 10.02.2026 issued by District Mines and Geology Officer (FAC), Nellore District, before this Court.

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Making the written instructions submitted by the learned Assistant Government Pleader as part of the record, the instant writ petition is disposed of with the following direction:

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“The respondents are hereby directed to take

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appropriate steps in the event of any representation or complaint submitted by the petitioner along with genuine documentary proof, in accordance with law so as to stop illegal mining in the land of the petitioner.”

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There shall be no order as to costs. Miscellaneous petitions pending if any, shall stand closed.

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______________________________ MAHESWARA RAO KUNCHEAM, J

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Date:18.02.2026 Rns

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THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

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WRIT PETITION No.3747 of 2026