Jasti Thirupathaiah & Ors. v. The State Of Ap & Ors.

Counsel for the Respondent(S):

GP FOR REVENUE

GP FOR LAND ACQUISITION

GP FOR MINES AND GEOLOGY The Court made the following: ORDER This petition is filed under Article 226 of the Constitution of India for the following relief:-

…be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of respondents on petitioners representation dt 16.12.2024 submitted initiating action against the 7th respondent for excavating gravel from petitioners landed property of Ac.190.5 Cents covered by S.No.229 of Nagambhotlapalem Revenue Village of Thallur Mandal in Prakasam District for formation of National Highway and preventing 7th respondent from doing so as illegal, irregular, irrational, arbitrary, violative of articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to dig and utilize earth from anywhere out of petitioners said land except on the permitted site of road construction and consequently direct the respondents to take action against the 7th respondent and prevent from excavating gravel and pass such…

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2. The case of the petitioners in brief is that the property admeasuring an extent of Ac.190.50 cents covered by Sy.No.229 of Nagambhotlapalem Village of Thallur Mandal of Prakasam District was the private property and the names of the pattadars who are the ancestors of the petitioners herein were recorded in the Fair Land Register (FLR). As the land is not feasible for cultivation, the said is being used by the villagers of East Gangavaram and surrounding villagers of East Gangavaram for the purpose of grazing their cattle by paying grazing fee to the petitioners. While so, the National Highways Authority of India proposed form Green Expressway(NH-544G) Banglore to Vijayawada Expressway and the National Highway is passing through the said land. Without paying any compensation, the 7th respondent started to excavate the gravel and land by using Heavy Excavation Equipment. Hence, the petitioners made a representation, dated 16.12.2024 to the 5th respondent requesting to initiate necessary action against the 7th respondent for illegal and unauthorized excavation of gravel in private patta land. But, the 5th respondent has not considered the said representation. Hence, the present Writ Petition is filed.

3. Heard Smt Nimmagadda Revathi, learned counsel for the petitioners and Smt P.Sudeepthi, learned Assistant Government for Mines and Geology appearing for the respondents.

On hearing, learned counsel for the petitioners submits that though the petitioners have submitted a representation, dated 16.12.2024 to the 5th respondent, requesting to initiate action against the 7th respondent for illegal and unauthorized excavation of gravel in private patta land and to prevent the 7th respondent from excavating the gravel from the grazing land, but the 5th respondent has not considered the said representation, which is illegal, arbitrary and violative of principles of natural justice. Hence, the learned counsel for the petitioners requests to pass appropriate orders.

Per contra, Smt P.Sudeepthi, learned Assistant Government Pleader for Mines and Geology appearing for the respondents opposed for grant of any relief in this Writ Petition and prayed to dismiss the same.

Considering the submissions of learned counsel petitioners and the learned Assistant Government Pleader, the Respondent No.5 is directed to consider and dispose of representation, dated 16.12.2024 submitted by the petitioners within a period of two (02) months from the date of receipt of a copy of this order.