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2025 DAILYLAW 19791 (AP)

SRI SATYANARAYANA RICE MILL v. THE AP POLLUTION CONTROL BOARD

WP/13956/2025 · 2025-05-28

Harinath N, Y Lakshmana Rao

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N AND THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 13956 OF 2025 Between: Sri Satyanarayana Rice Mill, D. No. 5/552, Usman Sahebpet, Nellore town. Rep. by its proprietor, Gundlapalli Aravind Kumar, S/o. Late Thiru Narayana Aged about 45 years, R/o. No. 4-86, Mukundapuram, Stonehousepet, SPSR Nellore District. ...Petitioner AND The AP Pollution Control Board, Vijayawada, Krishna District, Now NTR District, Rep. by its Member Secretary. The Joint Chief Environmental Engineer (FAC) Zonal Office, , Tirupati, having office at Dr. YSR Paryavaran Bhavan, Road No. 02, Labour Colony, Venkata Ramana Colony, Kurnool, Rep. by its Regional Officer The Environmental Engineer, Andhra Pradesh Pollution Control Board, having its Regional Office at Plot No. 1, Prasanthi Nagar, Near Nellore Club, Nellore. The Superintending Engineer (Operations), Southern Power Distribution Company of A.P. Ltd APSPDCL Nellore 1. 2. 3. 4. 5. Guduru Sridhar Reddy, S/o. Not Known, R/o. Stonehousepet, Nellore town, Nellore 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the orders of the 3RD Respondent passed in impugned Closure Orders vide. Order No.GN-6/APPCB/RO- NLR/2025 dated.20.05.2025 as illegal, arbitrary and Violation of principles of natural justice and consequently direct the respondents to permit the petitioner to operate the M/S. Sri Satyanarayana Rice Mill, D. No. 5/552, Usman Sahebpet, Nellore town, R/o. No. 4-86, Mukundapuram, Stonehousepet, SPSR Nellore District by suspending the orders passed by the 3RD Respondent passed in impugned Closure Orders vide. Order NO.GN-6/APPCB/RO-NLR/2025 dated.20.05.2025. 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 direct the Respondents to restore the power supply of electricity connection bearing service No 3321301017222 to the premises of M/S. Sri Satyanarayana Rice Mill, D. No. 5/552, Usman Sahebpet, Nellore town, R/o. No. 4-86, Mukundapuram, Stonehousepet, SPSR Nellore District forthwith pending disposal of the above writ petition. lA NO: 2 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 direct the respondents to permit the petitioner to operate the M/S. Sri Satyanarayana Rice Mill, D. No. 5/552, Usman Sahebpet, Nellore town, R/o. No. 4-86, Mukundapuram, Stonehousepet, SPSR Nellore District by suspending the orders passed by the Respondent passed in impugned Closure Orders vide. Order No.GN-6/APPCB/RO-NLR/2025 dated.20.05.2025 forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRI. MD SALEEM Counsel for the Respondent Nos. 1 to 3: SRI Y SOMA RAJU SC FOR APPCB Counsel for the Respondent No.4: SRI VENKATA RAMA RAO KOTA SC FOR APSPDCL The Court made the following order: APHC010277372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3539] THURSDAY, THE TWENTY NINETH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 13956/2025 Between: ...PETITIONER Sri Satyanarayana Rice Mill AND ...RESPONDENT(S) The AP Pollution Control Board and Others Counsel for the Petitioner: 1.MD SALEEM Counsel for the Respondent(S): 1. The Court made the following Order: (perHon'ble Sri Justice Harinath. N) 2 Heard learned counsel for the petitioner and the respondents. 2. The petitioner is challenging the impugned order dated 20.05.2025 whereby the respondent passed orders of closure of rice mill which is operated by the petitioner. It is stated in the impugned order dated 20.05.2025 that the petitioner had failed to comply with the essential conditions such as obtaining prior Consent to Establishment (CTE) and Consent to Operation (CTO) for operating the unit from Andhra Pradesh Pollution Control Board. 3. The learned counsel for the petitioner submitted that the rice mill has been in operation for the last eighty years. It is also stated by the learned counsel for the petitioner that the show cause notice also does not disclose the measures suggested by the respondents for minimizing the pollution allegedly emanating from the operation of the rice mill. The impugned order also fails to mention what measures, if any, were suggested by the competent authority to minimize the pollution or whether there was any non-compliance of such suggested measures that warranted the issuance of the impugned order. 4. Learned Standing Counsel appearing for the respondents submits that the petitioner has also given an undertaking on 03.04.2025 for taking up measures for minimizing the alleged pollution emanating from the operation of the rice mill. 3 The written instructions, as forwarded by the learned Standing Counsel for the Pollution Control Board, would also indicate that the petitioner’s rice mill was operated for the last eighty years. That apart, it is submitted that they have given an undertaking for controlling the pollution but no such measures have been taken up. 5. Considering the submissions and after perusing the impugned order, the impugned order is bereft of any details as to the measures suggested contained in the writ petition. There shall be stay of operation of the impugned order. There shall be further direction to respondent No.4 to restore the power connection to the petitioner. It is left open for the respondents to issue show cause notice by suggesting required measures for controlling the alleged pollution emanating from the rice mill. 6. 7. With these observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if ^ny, shall stand closed. Sd/- U.SRI DEVI ASSISTANT REGISTRAR SECffeN^FICER //TRUE COPY// To, 1. The Member Secretary, AP Pollution Control Board, Vijayawada Krishna District, Now NTR District,. 2. The Joint Chief Environmental Engineer (FAC) Zonal Office, , Tirupati, having office at Dr. YSR Paryavaran Bhavan, Road No. 02, Labour Colony, Venkata Ramana Colony, Kurnool, Rep. by its Regional Officer 3. The Environmental Engineer, Andhra Pradesh Pollution Control Board having its Regional Office at Plot No. 1, Prasanthi Nagar, Near Nellore Club, Nellore. 4. The Superintending Engineer (Operations), Southern Power Distribution Company of A.P. Ltd APSPDCL Nellore, 5. One CC to Sri. MD Saleem Advocate [OPUC] 6. One CC to Sri. Y Soma Reddy SC for APPCB [OPUC] 7. One CC to Sri. Venkata Rama Rao Kota SC for APSPDCL [OPUC] 8. Three CD Copies GSC HIGH COURT DATED:29/05/2025 ORDER WP.No. 13956 of 2025 DISPOSING THE WP WITHOUT COSTS