Andhra Pradesh High Court - Amravati
B Eeshwaramma vs The State Of Andhra Pradesh on 30 March, 2022
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
IN THE HiGH COURT OF ANDHRA PRADESH AT AMARAVAT! (Special orginal Jurisdiction) WEDNESDAY, THE THIRTY DAY OF MARCH TWO THOUSAR OA NES TWENTY TYVO -PRESENT: THE HONOURABLE SRI JUSTICE R RAGHUNANDARN WRIT PETITION NO: 6543 OF 2022 Between: 1. B Eeshwaramma, Wo B.Nagaralu, ogre about a0 years resident of Vankaraju Kaluva Village, Pam fi manda, Anantapuram 2 2. B Nagendra, S/o Kadirapna, aged about "A0years, Oce Agricuituriet Vankaraju Raluva Vilage, Pamidi mandal, Anantapuram Districl ~ 3. S.Hajipeera, Sfo Vannurappa, Aged about S0ysars, Gon. Agriouiturist, Vankaraiu Kaluva Village, Pamidi mandal, Anantapuram District. Petitioners AND 1. The State OF Andhra Pradesh, rep. by its Prin cipal Secretary, Mines and Geology Department, Secretariat Buildings, at Vela agen on Guntur Disinot, 2. The Distict Collentar, Ananth APUraTIU | i District, at Ananthapuramu. 3. The Revenue Civisiong! Officer, Ananthspurar nu Divis ian, at Ananthagurarnu, 4. The Tahasildar, Pamidi Mandal, Parnidi, Ananthapuramu Cistrict. S. The Supearntending Engineer (D5, rigation Soard, Sub-Divisian, Ananthapuramu. 8. The Deputy Exenutive Engineer dD}, irrigation Soard, Sub-Division, Ananthapuraniu ¥. The Exenutive Engineer (1D), irrigation Board, Sub-Division, Ananthapuramu. &. The Superintending Engineer, _ Tungabhadra High Lave! Canal, Ananthapuramnu, Panud! Nagara Panchayat, rep. by ts Comrrissioner, Pamidi, Ananthapurarmu UNstrict, u. Pamidi Nagara Panchayat, rep by lis Commissioner, Pamidi, Ananthapuramu District. 10. The Assistant Director of Mines and Geology, Ananthapur,Ananthaguvam District, . Respondents Petition under Article 226 of the Constitution of india praying that in the circumstances stated In the affidavit Hed therewith, fhe High Court may be pleased fo iS8US an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in trying to nay the sand reach for exoavation of the sand near to the Sri Satya sai baba borewells in the Ver Panna and near to the Vankaralukaluiva vilage, Pamidi i} Mandal, Ananiapuram. District as iegal, arbitr rary, violation of Articles 14, 24 and 300-4 of the Constitution of india, besides being in violatlan of the pr ovisions of fhe AP WALTA Act and magcimen's framed on the subject and consequently direct the respondents not io notify the sand reach in the river Panna situated in Pamidi vill age and riandal, Snanthapuram Dist ct. iA NO: 1 OF 2022 Fettion under Section 157 C&C praying that in the clrcumstaness stated in the affidavit fled | in Support of the pel ito n, the Hig 3 out may be pleased io cireot the respondents not to notify th the sane Reach } for excavation of the sand in River Penna situated af near to the Sri Satya Sai Baba bor owells i my the river pening and near ta the Vankarajukaluva village, Pamidi rnanda! "Ananthap uram District, Pending disposal of WP 6542 of 2025 on the fle of the Hi gh Court The petition coming on for hearing, upon perusing the Petition and the affidavit Hed in suppori thereof and upon hearing the arguments of Sri P NARASIMBULU Advocate for fhe Petitioners and GP FOR MINES ANO GEOLOGY for the Respondent No.l and GP for Revenue for Raspondent No.2 & S$ and GP far irrigation for Respondent Nos.5 to 8 and Sri N. Ranga Reddy, 5C for Respondent No.9 and the Court made the failawing. ORDER:
*The learned Gavernment Picader seeks time for fling counter. Fost on 08.04.2022.
The learned counsel for the petifieners sudpmits that sand mining is being carried on within S0Qmis distance from the water sources, in caniravantion to Rule 23(2) & 2314) of the A.R Water Land and Treas Rules, 2004.
Accordingly, there ahsll be an interim direction to the respondents to ensure that there shall be na mining ar quarrying of sand within a distance of S08 mis from the water sources or streams in the area mentioned by the astitioners."
Sd/- P.VINOD KUMAR © ASSISTANT REGISTRAR HTRUE COPY! 5 .
For ASSISTANT REGISTRAR To > 4 . = sey a Lay . sand Geology Depariment, Secretariat P Andhra Pradesh, Gurtur District. a3 : ' 2 igtvict, at Anan wrap HE, rR 3 ¥ * A wast e S. a, ge Anan apurarnu & « ints x Swart tives YY ler F Seat "
8. The Deputy Ewecuhve GD}, hrigation Boa Sub-Division Ananthaouramu.
7. The Exeautive & 8 The Superinie A anthapuran . Par Ramici, Ananfthana 8B. The Ass stant Di ecto tO O4 Co Ananthapurama, Listic to S ny E RP: Al a} eo Shs o fo Say f Pwo CCs fo OF re Pradesh, (OUT Two {Csio GEE Two OCs fo SF On we OO to SRI. One spare copy as ts 2, cont, weed cad 034 He C25 fod per ee HIGH COURT RRR DATED SOON 20Ze POST GFN GRAMS ORDER WP. No. 8863 of £0¢2 DERC TION .