IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
WRIT APPEAL No.275 of 2021
(Taken up through video conferencing)
M/s Mythri Infra (Partnership firm),
Office at 2-316, Matlaplem, Rajula Colony,
G. Vemavaram Village, Tallarevu Mandal,
East Godavari District, Andhra Pradesh-533461,
Rep., by its Managing Partner,
D. Murali Mohana Varma, aged about 38 years,
R/o 4-84, Turangi, Kakinada Rural Mandal,
East Godavari District and others.
.. Appellants.
Versus
The State of Andhra Pradesh,
Rep., by its Principal Secretary,
Industries and Commerce (Mines)
Dept., Secretariat, Velagapudi,
Amaravati, Guntur District and others.
..Respondents.
Counsel for the Appellants : Mr. N. Ashwani Kumar Counsel for respondents No.1, 2, 4 & 5 : GP for Mines and Geology Counsel for respondent No.3 : GP for Home Counsel for respondents No.6 to 8 : GP for Revenue Counsel for respondent No.10 : Mr. A. Prabhakar Rao ORAL JUDGMENT Dt: 06.05.2021 (per Arup Kumar Goswami, CJ) Heard Mr. N. Ashwani Kumar, learned counsel for the appellants. Also heard, the learned Government Pleader for Mines & Geology 2 HCJ & CPK, J WA No.275 of 2021 appearing for respondents No.1, 2, 4 & 5, learned Government Pleader for Home appearing for respondent No.3, learned Government Pleader for Revenue appearing for respondents No.6 to 8 and Mr. A. Prabhakar Rao, learned counsel for respondent No.10.
This writ appeal is preferred against the interim order dated 23.04.2021 passed in I.A.No.2 of 2021 in W.P.No.8810 of 2021 by learned single Judge.
The order under appeal reads as follows:
"At present, for the above mentioned reasons, there shall be interim direction to respondent No.3 to conduct enquiry and submit a report with regard to the illegal quarrying operations of gravel and felling of trees in the land of an extent of Ac.197.35 cents belonging to respondent No.12 in Sy.Nos.1,2,3,4,5,6,8,10,11,12,13 and 26 to 39 situated in Kapavaram village, Biccavole Mandal, East Godavari District, by the next date of hearing." It is contended by Mr. N. Ashwani Kumar, learned counsel for the appellants that the writ petition is not maintainable as it is in the nature of public interest litigation and therefore, the interim order cannot be sustained in law.
Since the appellants have raised an issue of maintainability of the writ petition, it is more appropriate that such a plea is raised before the learned single Judge, if so advised. Accordingly, we are not inclined to entertain this appeal.
3
HCJ & CPK, J WA No.275 of 2021 Resultantly, the Writ Appeal stands disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed. ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J Nn 4 HCJ & CPK, J WA No.275 of 2021 HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE & HON'BLE MR. JUSTICE C. PRAVEEN KUMAR WRIT APPEAL No.275 of 2021 (per Arup Kumar Goswami, CJ) Dt: 06.05.2021 Nn