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2025 DAILYLAW 17559 (AP)

CH KANTHAMMA v. THE STATE OF ANDHRA PRADESH

WP/12701/2025 · 2025-09-07

Dhiraj Singh Thakur, Ravi Cheemalapati

body2025

Judgment text

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f:% APHC010240032025 IN THE HIGH COURT OF ANDHRA PRADESH- AT AMARAVATI (Special Original Jurisdiction) t t II ’• \\ MONDAY,THE EIGHTH DAY OF SEPTEMBER ^ Vx,. TWO THOUSAND AND TWENTY FIVE ^ ■7^ PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE^ AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 12701 OF 2025^ Between: 1. Ch Kanthamma, W/o. Elia, Aged about 60 years Lankala Koderu, Palakol (M), West Godavari District - 534250. 2. A. Ramudu, S/o. Venkana, Aged about 58 years, R/o. D.No. 5 28, Lankala Koderu, Palakol (M), West Godavari District - 534250. R/o. D.No. 5 30, ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Environment, Forests, Science Technology Environment Department, A.P. Secretariat Velgapudi, Amaravati, Guntur District, A.P. 2. Andhra Pradesh Pollution Control Board, Rep by its Member Secretary, Paryavaran Bhavan, APIIC Colony Road, Gurunanak Colony, Auto Nagar, Vijayawada - 520007. 3. The District Collector, West Godavari District at Bhimavaram, A.P. 4. The Tahsildar, Palakol Mandal, Palakol, West Godavari District. 5. The Gram Panchayat, Rep. by its Panchayat Secretary, Lankala Koderu (V), Palakol Mandal, West Godavari District - 534250 6. The General Manager, District Industries Centre, W.G. Bhimavarma, A.P. 7. The Assistant Engineer, APEPDCL, Poolapalli - Palakol. 8. Sri Vinayaka Industries, Rep. by its Proprietor, Mallipudi Kanaka Durga Prasad Situated at D. No. 582, Lankala Koderu (V), Palakol (M), West Godavari District - 534250 ...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 a Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.4 enabling operate / functioning the fly ash brick manufacturing unit of the 8'^ Respondent by issuing a proceeding to the 7*^ Respondent vide Roc. No. 482/2023/B dated. 04.04.2025 requesting to restore the electricity connection is illegal, arbitrary and utter violation of the guide lines E. FS & T dated 22.04.2010 and contrary to the orders of 4 dated 21.03.2025 and also the orders passed by this Hon’ble Court in W.P. No. 6941 of 2024 dated. 21.03.2024 and consequently direct the respondents to stay the illegal operation/functioning of the fly ash brick manufacturing unit of 8'^ Respondent Industry. lA NO: 1 OF 2025 ^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue an Interim direction suspending the proceedings of 4^'' Respondent vide Roc. No. 482/2023/B dated. 04.04.2025 pending disposal of the Writ Petitiop.- lA NO: 2 OF 2025 to issued in G.O. Ms. No. 80, Respondent Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.3 to take necessary action on the representation/letter dated 24.04.2025 & 28.04.2025 and before this Hon’ble Court pending disposal of the Writ Petition. _ Counsel for the Petitioners: SRI A. KISHORE KUMAR representing SRI P. V. RAMANA Counsel for the Respondent No.1 :GP FOR FORESTS '— Counsel for the Respondent No.2: SRI YELISETTI SOMARAJU,-^ STANDING COUNSEL FOR APPCB Counsel for the Respondent Nos. 3 & 4: GP FOR REVENUE _ Counsel for the Respondent No.5: SRI YARRAGUNTLA KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.7:SRI V. V. SATISH (SC FOR APEPDCI^ Counsel for the Respondent No.8:M/s. DWARAMPUDI SAVITHRI^ The Court made the following order: report compliance IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-32 [3483] APHC010240032025 / AT AMARAVATI S WRIT PETITION NO: 12701 of 2025 Ch Kanthamma and another ...Petitioners Vs. The State of Andhra Pradesh and others ...Respondents ********** Advocate for Petitioners Mr. A. Kishore Kumar representing Mr. P V Ramana Advocate(s) for Respondent(s): GP for Forests for R.1 Mr. Yelisetti Somaraju [Standing Counsel] for R.2 GP for Revenue for R.3 & R.4 Mr. Yarraguntia Koteswara Rao [Standing Counsel] for R.5 Mr VV Satish (Standing Counsel) for R.7 Mrs Dwarampudi Savithri for R.8 CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI : 8*^ September, 2025 DATE P C : In view of the fact that the Collector, West Godavari District, has since passed an order, dated 30.07.2025, which is challenged in W.P.No.21675 of 2025, the present petition is rendered infructuous. 2 HCJ & RC, J WP_12701_2025 The Writ Petition is, accordingly, disposed of as infructuous. No order f as to costs. I Miscellaneous applications pending, if any, shall stand closed. Sd/- M. RAMESH BABU DEPUTY R^STRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri P. V. Ramana, Advocate 2. One CC to Sri Yarraguntia Koteswara Panchayat[OPUC] [OPUC] Rao, SC for ZPP,MPP anSram 3. One CC to Sri V. V. Satish, SC for APEPDCL [OPUCf 4. One CC to M/s.Dwarampudi Savithri, Advocate [OPUC] 5. One CC to Sri Yelisetti Somaraju Standing Counsel 6. Two CCs to GP for Forests for APPCB [OPup.] High Court of Andhra Pradesh [OUT] ^ . High Court of Andhra Pradesh [OUT] 7. Two CCs to GP for Revenue, 8. Two CD Copies. ssb HIGH COURT DATED;08/09/2025 ORDER WP No.12701 OF 2025 SEP 2025 )gj ^ '* irentSec^^^^ DISPOSING OF THE W.P. AS INFRUCTUOUS WITHOUT COSTS