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2025 DAILYLAW 10003 (AP)

M/s.Ananya Chemicals and Minarals, v. The State of Andhra Pradesh,

WP/6050/2025 · 2025-04-23

Maheswara Rao Kuncheam, Ravi Nath Tilhari

body2025

Judgment text

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APHC010112202025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI WRIT PETITION NO: 6050/2025 Between: M/s.ananya Chemicals And Minarals, The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1. HARIBABU VANGAPURI Counsel for the Respondent(S): 1. GP FOR FORESTS 2. YELISETTI SOMARAJU STANDING COUNSEL APPCB The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 6050/2025 M/s.ananya Chemicals And Minarals, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: HARIBABU VANGAPURI Respondent(S): YELISETTI SOMARAJU STANDING COUNSEL APPCB The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3524] WEDNESDAY ,THE TWENTY THIRD DAY OF APRIL THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI JUSTICE MAHESWARA RAO KUNCHEAM ...PETITIONER ...RESPONDENT(S) THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 6050/2025 ORDER: (per Ravi Nath Tilhari, J) On 12.03.2025, the following order was passed: “The petitioner is challenging the demand notice dated 18.12.2024, by which, inter alia, the demand has been made of the balance Consent to operation(CTO) fee, for different period from February, 2021 to January, 2023, February, 2023 to April, 2024 and May, 2024 to April, 2029. The challenge is on the ground that said demand has been made, applying G.O.Ms.No.13 dated 26.02.2021, which was superseded by G.O.Ms.No.10 dated 14.02.2023. The further ground is G.O.Ms.No.13 itself was made applicable after expiry of the remaining validity period of CTO from the date of issue of that Notification. Learned counsel for the petitioner submits that the validity period, in the case of the petitioner was upto 30.04.2024 and consequently, no demand could be made pursuant to G.O.Ms.No.13. 2. Let the counter-affidavit be filed by the respondents. 3. In the meantime, the petitioner shall file a representation before the appropriate authority, raising his grievance and the concerned authority shall reconsider the issue, for the different periods, and pass appropriate orders, within a period of four weeks from the date representation is made taking into account the judgment of this Court in W.P.No.14057 of 2023 dated 30.08.2023, a copy of which shall also be annexed along with the representation. 4. The representation shall be made within one (01) week from the date of receipt of copy of this order. 5. Copy of the order so passed shall be placed on record with counter- affidavit. 6. For a period of six weeks, any amount pursuant to the impugned demand notice, will not be recovered. 7. Post on 23.04.2025.” 2. Today, there is no representation for the petitioner. 3. Sri Burlu Chandra Sekhar, learned counsel representing Sri Yelisetti Somaraju, learned Standing Counsel for APPCB submits that the circulars for collection of retrospective fee issued on 09.03.2021, 05.01.2022 & 24.02.2023 have been withdrawn vide circular dated 06.04.2025 of Andhra Pradesh Pollution Control Board. 3. The copy of the same has been placed before us. 4. Recording the said submission, the Writ Petition is dismissed for default. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI,J ______________________________ MAHESWARA RAO KUNCHEAM,J Dated: 23.04.2025 AG 33 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 6050/2025 Dated: 23.04.2025 AG