KURUVA RAJANI vs THE STATE OF AP

IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.20877 of 2023 Kuruva Rajani, W/o.

Bicche Lokesh, Aged 30 years, Occ.

Housewife, R/o.

MIG- 256, Adoni town, Kurnool District. …Petitioner Versus The State Of Andhra Pradesh, Rep. by its Principal Secretary to Government, Department of Mines and Geology, Secretariat, Velagapudi, Amaravathi, Guntur District and eight others. …Respondents Counsel for the petitioner : Sri P.Nagaraju Counsel for respondent Nos.1 to 5 : GP for Mines and Geology Counsel for respondent Nos.6 to 8 : GP for Revenue Counsel for respondent No.9 : ------- ORDER The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “… to issue writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction of respondents 2 to 8 on my representation dt.10.07.2023 submitted to prevent the illegal and unauthorized mining activity being carried out by 9th respondent in large scale and excavation of Gravel in the land connected to my share of private landed property of Page 2 of 4 SRS, J W.P.No.20877 of 2023 Ac.0.50 cents in Survey No.455-2A situated in Mandagiri Village of Adoni Mandal, Kurnool District and the matter is still pending and temporary injunction order granted in O.S.No.150/2022 in my favour as illegal, irregular, irrational and violative of provisions of Mining Regulation Act and rules and regulations framed there under, Andhra Pradesh Panchayat Raj Act, 1994.

Andhra Pradesh (Andhra Area) Public Health Act, 1939.

Environment (Protection) Act, 1986 and offends Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 to 8 to prevent 9th respondent and his henchmen from carrying out illegal and unauthorized mining activity and excavation of Gravel from the aforesaid lands, by sizing the offending vehicles and recovering mining seigniorage with penalty and pass such other order o er order or orders....” 2.

When the matter was listed on 16.08.2023, learned Government Pleader took notice on behalf of respondent Nos.1 to 5 and learned Government Pleader for Revenue to take notice on behalf of respondent Nos.6 to 8.

Notice was ordered against respondent No.9 and petitioner was permitted to take out personal notice.

3.

Today when the matter was listed learned Government Pleader for Mines and Geology passed on instructions submitted by the District Mines and Geology Officer, Kurnool.

A copy of the instructions was also furnished to the learned counsel for the petitioner in the Court.

Page 3 of 4 SRS, J W.P.No.20877 of 2023 4.

A perusal of the instructions of Deputy Director of Mines and Geology, 3rd respondent herein would disclose that an extent of Ac.0-50 cents in Sy.No.455-2A is situated beside the ring road of Bypass of Yemmiganur to Aspari of Kurnool District.

In the said area sand depot is being operated by JP Group.

No illegal mining is noticed by the authority.

The instructions of the District Mines and Geology Officer are placed on record.

5.

Since there is no illegal mining operation in the area of an extent of Ac.0-50 cents in Sy.No.455-2A of Mandagiri Village, Adoni Mandal, Kurnool District, no orders are required in the writ petition.

6.

Accordingly, the Writ Petition is closed.

There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand dismissed. ________________________________ JUSTICE SUBBA REDDY SATTI Date: 12.10.2023 KAS Page 4 of 4 SRS, J W.P.No.20877 of 2023 115 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.20877 of 2023 Date: 12.10.2023 KAS