M/S.Mythri Infra Partnership ... vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1869 AP

    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

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.

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

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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