A Demudu Babu vs State Of Ap
2021 Latest Caselaw 1032 AP

Citation : 2021 Latest Caselaw 1032 AP
Judgement Date : 22 February, 2021

Andhra Pradesh High Court - Amravati

A Demudu Babu vs State Of Ap on 22 February, 2021

Bench: Ninala Jayasurya

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT
(SPECIAL ORIGINAL JURISIDICTION)
MONDAY , THE TWENTY SECOND DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE NINALA JAYASURYA

 

WRIT PETITION NO: 4233 OF 2021
Between:
A Demudu Babu, S/o.Gangaraju.

Petitioner

AND

4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue
Department, Velagapudi, Amaravati, Andhra Pradesh.

The District Collector and District Magistrate, Visakhapatnam District,
Visakhapatnam.

The Revenue Divisional Officer, Visakhapatnam, Visakhapatnam-District.
The Tahsildar,, Anandapuram Mandal, Visakhapatnam District.

The Deputy Director of Mines and Geology, Visakhapatnam.

ako N

Respondents

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 an order, writ or direction more particularly in the nature of Writ of Mandamus
declaring the action of respondents in intending to assign house sites plots in S.No. 15
of Gandigundam village, Anandapuram Mandal adjacent to quarry in an extent of 0-492
Hectors in Sy.No.15 of Gandigudam Village, AnandapuratnMandal, Visakhapatnam, as
illegal, arbitrary contrary to the instrt ctions issued by the Government of Andhra
Pradesh vide G.O.Ms.No.74, Industries and Commerce (M-1) Department dated 16-02-
2002, contrary to paragraph-1 of Section-1 of B.S.O. 15 and 21 and Article 14, 19(g)
and 21 of the Constitution of India and consequently direct the respondents not to
assign house site pattas in S.No. 15 of Gandigundam village, AnandauramMandal
adjacent to the quarry lease area stated supra.

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be pleased to
direct respondents not to allot/assign house site pattas in S.No. 15 of Gandigundam
village, Anandapuram Mandal, adjacent to the quarry lease area of an extent of 0-492
Hectors in Sy-.No.15 of Gandigundam Village, AnandapuramMandal, Visakhapatnam
pending disposal of WP 4233 of 2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sri S Subba Reddy,
Advocate for the Petitioner, GP for Revenue for the Respondent Nos.1 to 4 and of GP
for Mines and Geology for the Respondent No.5, the Court made the following.

ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue representing Nos.1 to 4 , who seeks time to secure

instructions in the matter.

The present writ petition is filed aggrieved by the action of the respondents in taking steps to assign house-site pattas in Survey No.15 of Gandigundam Village Anandapuram Mandal, Visakhapatnam District, adjacent to quarry leased area in

an extent of 0.492 Hectares.

Learned counsel for the petitioner inter alia submits that the petitioner was granted a mining lease and the same was extended by proceedings dated 29.12.2020, which enables the petitioner to operate the mining in the said survey number up to 03.03.2028. He submits that the respondents have planted stones adjacent to the mining area and proposing to allot the same as house sites. He submits that the action on the part of the respondents in proposing to allot the house-sites is contrary to G.O.Ms.No.74, industries and Commerce (M.1) Department dated 16.02.2002 and he relies upon the judgment of a learned Single Judge in Writ Petition No.3621 of 2020, dated 17.02.2020.

Considering the submissions made and perusing the material on record, this Court prima facie is satisfied that issuance of house-sites in the area adjacent to the petitioner's mining lease area would be not in the interest of the assignees and it would also hamper the mining operations. In that view of he matter, there shall be interim direction as prayed for, for, for a period of eight

weeks.

List the mater after four weeks for filing counter of the concerned

respondents.

Office to print the name of the Government Pleader for Mines for

respondent NO.5._ ; cy.

Sd/- A. Surya Prakasa Rao

I .

ITRUE COPY// DEPUTY. REGISTRAR For,.. SECTION OFFICER To

The Principal Secretary, Revenue Department, State of Andhra Pradesh Velagapudi, Amaravati, Andhra Pradesh.

The District Collector and District Magistrate, Visakhapatnam District, Visakhapatnam.

The Revenue Divisional Officer, Visakhapatnam, Visakhapatnam-District. The Tahsildar,, Anandapuram Mandal, Visakhapatnam District.

The Deputy Director of Mines and Geology, Visakhapatnam.