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 order, direction, writ more particularly one in the nature of Writ of Mandamus, declaring the actions of the Respondents, more particularly respondent no.3 in permitting the concessionaires and other organisations to excavate and shift sand and gravel from nearby ponds existing in the nearby villages for construction work relating to National Highways including the issuance of the proceedings vide Rc No 2292/2015/G3/Dt. 08.04.2022 and Rc No 2292/2015/G3/Dt. 15.04.2022 as illegal, arbitrary, unconstitutional, without jurisdiction and contrary to the provisions of Mines and Minerals (Development and Regulation) Act, 1957, A.P. Minor Mineral Concession Rules, 1966 and Andhra Pradesh Mineral Dealer Rules, 2017and consequently direct the respondents to forthwith stop the illegal mining operations happening in the kannamnaidu water pond, KothtapalleVilalge, BondapalleMandalam and set aside the impugned proceedings and pass

IA NO: 1 OF 2022

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 forthwith stop the illegal mining operations happening in the Kannaninaidu water pond, Kothapalle Village, BondapalleMandalam by suspending the impugned proceedings pending the final disposal of the writ petition and pass

Counsel for the Petitioner(S):

1. ALEKHYA REDDY TADASINA

Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR IRRIGATION COMM AREA DEV

3. GP FOR MINES AND GEOLOGY

4. THE ADVOCATE GENERAL

THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

WRIT PETITION No.12895 of 2022

The Court made the following Order:

Instant Writ Petition has been filed under Art 226 of the Constitution of India with the following main prayer:

“to issue any order ,direction , writ more particularly one in the nature of Writ of Mandamus declaring the actions of the Respondents more particularly respondent no.3 in permitting the concessionaires and other organisations to excavate and shift sand and gravel from nearby ponds existing in the nearby villages for construction work relating to National Highways including the issuance of the proceedings vide Rc No 2292/2015/G3/Dt 08 04 2022 and Rc No 2292/2015/G3/Dt 15 04 2022 as illegal arbitrary unconstitutional without jurisdiction and contrary to the provisions of Mines and Minerals Development and Regulation Act 1957 A P Minor Mineral Concession Rules 1966 and Andhra Pradesh Mineral Dealer Rules 2017and consequently direct the respondents to forthwith stop the illegal mining operations happening in the kannamnaidu water pond Kothtapalle Village, Bondapalle Mandalam and set aside the impugned proceedings and pass may deem fit and proper in the circumstances in the case”.

Petitioners are aggrieved by the action of Respondent No.3 in permitting concessionaires and other organisations to excavate sand and gravel from nearby ponds/water bodies existing in the nearby villages for construction work relating to National Highways.

Brief facts of the case is as follows:

i) Petitioners are farmers in Kothapalem Village, Bondapalli Mandal, Vizianagaram District and “Kannamnaidu Water Pond” is the only source of water to carry out their agricultural activities and it acts as source of water for nearby villages spreading up to nearly 2,000 acres. Petitioners submit that Government of India, issued a Notification for acquisition of land in Vizianagram District, for the development of Economic Corridors, Inter Corridors, Feeder Routes and Coastal Roads to improve the efficiency of freight movement of India (Lt-3/Odisha &Jharkhand-Kurd-Ondarangi Section of Raipur-Vishakapatnam EC Extension upto Vizianagaram in the State of Andhra Pradesh from 363.62 Kms to458.05 Kms