IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

THURSDAY, THE THIRTEENTH OF JULY TWO THOUSAND AND TWENTY THREE

PRESENT

THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 3016 OF 2012

Between:

M/s The Ayyappa Boatsmen Co-operative Society Ltd., rep by its President Sri D. Surya Rao, S/o Venkanna, aged 55 years, Vegawarapuram Village, Tallapudi Mandal, West Godavari District.

...PETITIONER

AND

• 1. The Assistant Director of Mines & Geology, Eluru, West Godavari District.
• 2. The Superintendent of Police, [Vigilance & Enforcement] Eluru, West Godavari District.
• 3. The Executive Engineer /River Conservator, Heads Works, Irrigation Department, Dowleswaram, East Godavari District.
• 4. The Tahsildar, Tallapudi Mandal, West Godavari District.
• 5. The Station House Officer, Tallapudi Police Station, West Godavari District.

...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, direction or writ, more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in interfering with the right of the Petitioner to repair the pathways, riverbed, remove the stranded vehicles, at sand reach ie., Tadipudi Reach [by Boats], Tallapudi Mandal, West Godavari District Reach Km from 27.000 to 29.200 ramp at Km 27.400 to 27.600, though the lease is substituting till 31.03.2013 as arbitrary illegal, colorable exercise of power, contrary to A.P.Minor Mineral Concession Rules 1966, violative of fundamental rights guaranteed under Articles 14 and 19 of the Constitution of India and consequently direct the Respondents not to interfere with the Petitioner's right to conduct quarry operations by way of strengthening the riverbed, repairing pathways and use of machinery for removing the stranded vehicles.

I.A. NO: ¹ OF 2012(WPMP. NO: 3790 OF 2012V

■4

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 the Respondents not to interfere with the work of the Petitioner's right to carryout repairs to the existing ramp, pathways by using men and machinery for quarrying transportation of sand and lifting of stranded vehicles at Tadipudi Reach [by Boats], Tallapudi Mandal, Reach Km from 27.000 to 29.200 ramp at Km 27.400 to 27.600 of West Godavari District, pending disposal of the above Writ Petition.

Counsel for the Petitioner: SRI. B.JAYA PRABHAKARA RAO

Counsel for the Respondent No. 1,2 : GP FOR MINES & GEOLOGY

Counsel for the Respondent No. 3 : GP FOR IRRIGATION & COMM AREA DEVELOPMENT

Counsel for the Respondent No. 4 : GP FOR REVENUE

Counsel for the Respondent No. 5 : GP FOR HOME

The Court made the following : ORDER

IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION No.3016 of 2012

ORDER:

When the matter came up for hearing, learned counsel for petitioner would submit that nothing survives for adjudication in the writ petition and the same has now rendered infructuous.

Recording the said submission, the writ petition is dismissed as infructuous. No order as to costs.

As a sequel, all the pending miscellaneous petitions, shall stand closed.

SD/- T. MADHAVI ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

$\mathcal{L}(\mathbf{x}) = \mathbf{e}_1 \cdot \mathbf{e}_2 \cdot \mathbf{e}_3$

• 1. One CC to Sri. B.Jaya Prabhakara Rao Advocate [OPUC]
• 2. Two CCs to GP for Mines & Geology, High Court of Andhra Pradesh. IOUTI
• 3. Two CCs to GP for Irrigation & Comm Area Development, High Court of Andhra Pradesh. [OUT]
• 4. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
• Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] $$ 6. Two CD Copies

$PV$ AG

HIGHCOURT

DATED:10/04/2023

ORDER

WP.No.3016 of 2012

J

DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS