Naramsetti Chinna Venkateswara ... vs The Government Of Andhra Pradesh,
2021 Latest Caselaw 4767 AP

                           HIGH COURT OF ANDHRA PRADESH

           MAIN CASE No.: W.P. No.12822 of 2013

                                     PROCEEDING SHEET

Sl.                                                                                    OFFICE
        DATE                                   ORDER
No                                                                                      NOTE

3     22.11.2021   UDPR, J
                         The petitioner seeks writ of mandamus declaring the
                   action of the respondents 3 to 7 in permitting the respondents

8 to 18 for de-casting sand from their patta lands over different extents vide proceedings Rc.No.1/Sand/MPL/2013-W5, dated 13.02.2013 and 02.03.2013 issued by the 4th respondent without obtaining the environmental clearance from the Ministry of Environmental and Forests, as illegal, arbitrary and contrary to the APMMC Rules, 1966 and the judgment of the Hon'ble Supreme Court and for a consequential direction.

It appears, the contention of the unofficial respondents is that the subject land is located on the river bed of the Krishna River and as such, the requirement of MOEF clearance as wholly unnecessary.

While so, this Court in its order dated 25.04.2013 having observed that the only manner in which the controversy can be resolved is if the subject lands are inspected and a report submitted to the Court as to whether the subject lands are situated on the river bed of Krishna River or not and if not, the distance of the subject lands from the Krishna River and instructed the Principal District Judge, Guntur to depute a responsible judicial officer to cause inspection of the subject land and submit report. Further, as per the order dated 30.04.2013, this Court having perused the report of the learned Senior Civil Judge, Mangalagiri, who visited the subject land at the behest of learned District Judge, Guntur, noted that the inspecting officer was of the prima facie view that the subject lands were on the river bed of the Krishna River. Having regard to the said report and as the environmental clearance was not obtained by then, this Court granted interim suspension as prayed for.

When the matter came up for hearing today, learned Government Pleader for Mines and Geology would submit that during afflux of time, the Government changed the policies with regard to the de-casing and de-siltation of the sand in the river beds and patta lands and at present, as per policy, Government is not permitting the de-casting of the sand even in the patta lands and in that view, the cause in the present writ petition will not survive. There is no representation for the petitioner today. It is an old matter of the year 2013.

Having noted the above submission of the learned Government Pleader, the matter is directed to be posted under the caption 'for orders' on 29.11.2021.

________ UDPR,J SS