~1 7 J- IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 14036 OF 2024^ Between: Kodali Rajendra Prasad, S/o Hari Naga Chandrarao, Aged about 59 years. Agriculturist, Unguturu village and mandal. West Godavari District. ...PETITIONER^ AND 1. The State of Andhra Pradesh, Rep., by the Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi,Amaravati, Guntur Distria. 2. The Ministry of Environment, Forest and Climate Change, Government of India, Green House, Gopalareddy Road, Vijayawada, Andhra Pradesh, rep., by its Inspector General of Forests. 3. The Andhra Pradesh Pollution Control Board, Vijayawada, Andhra Pradesh, Represented by its Chairman. 4. The District Collector, West Godavari District, Eluru. 5. The District Panchayat Officer, ZP Premises, Eluru, West Godavari District. 6. The Unguturu Gram Panchayat, Rep. by its Secretary, Unguturu village and Mandal, West Godavari District. 7. The Mandal Panchayat Officer, Unguturu mandal, Unguturu, West Godavari District. 8. The Andhra Pradesh Pollution Control Board, Zonal office, Visakhapatnam, Andhrapradesh, Rep., by its Joint Chief environment^ Engineer. wr r 9. The Revenue Divisional Officer, Tadepalligudem, West Godavari District. 10. The Tahsildar, Unguturu Mandal, Unguturu, West Godavari District. 11. The Director of Industries, Government of Andhra Pradesh, Vijayawada. 12. The District Industries Centre, Eluru, West Godavari its General Manager. 13. The Town and Country Planning Officer, RR Pet, Eluru District. 14. M/s Green Asia Impex Private Limited, Rep., by its Managing Director, Sri Pasupuleti Venkata Rama Rao, S/o Veera Venkata Satyanarayana, aged about 52 years, R/o PCI Colony, Road No.l, Flat No. Classic, Tadepalligudem, West Godavari Districts District, Rep., by West Godavari G2 of Balaji ...RESPONDENTS Petition under Article 226 of the Constitution ‘ the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue of India praying that in may more particularly declaring the action of the Respondent Authorities in not considering the petitioner's representations dated 07.08.2023, 25.9.2023, 11.10.2023, 14th Respondent, obtaining fraudulent licence process unit in Sy. No. 677/2A1 of Unguturu village and mandal. West Godavari District showing the private puntha feet actually and showing it as 30 feet road in RS Nos. 686/IB, 677/2B and 685/2A by obtaining false licence and disbursing the effluents of processing unit into the petitioner's agricultural property and not passing any order, as arbitrary, illegal, null and void and violative of fundamental rights guaranteed under Articles 19 and 300-A of the Constitution an appropriate writ, order or direction in the nature of Writ of Mandamus one and 29.01.2024 in regard to the for construction of aqua as public property which is 13 aqua of India and to authorities to representation dated 29.1.2024 by initiating action, against the 14* respondent in accordance with law. issue a consequential direction directing the respondent consider the petitioner’s latest ¥'\ lA NO: 1 OF 2n?4 ^ Petition under Section 151 CPC praying that in the circumstances stated i - the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities forthwith to take action respondent in regard to discharging of the effluents into the petitioner's agricultural property situated in Sy. Nos. 686/3, 686/2A, 686/2B, 685/2C, 685/2A, 685/2B, and 685/1 of Unguturu village and mandal. West Godavari District, pending disposal of the above writ petition. Counsel for the Petitioner: SRI VENKATESWARA RAO GUDAPATI Counsel for the Respondent Nos.1,5, 7 & 13: GP FOR PANCHAYAT ^ RAJ RURAL DEVELOPMENT Counsel for the Respondent No.2: GP FOR FORESTS ^ Counsel for the Respondent Nos.3 & 8: SRI YELISETTI SOMARAJU FOR APPCB Counsel for the Respondent Nos.4,9 &10: GP FOR REVENUE ^ Counsel for the Respondent No.6: SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT^ Counsel for the Respondent No.11 & 12: GP FOR INDUSTRIES & C^ COMMERCE Counsel for the Respondent No.14:Ms. SODUM ANVESH/^ The Court made the following: ORDER in against the 14th SC THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.14036 of 2024 ORDER; The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief; "....to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Authorities in not considering the petitioner’s representations dated 07.08.2023, 25.09.2023, 11.10.2023 and 29.01.2024 in regard to the Respondent, obtaining fraudulent licence for construction of aqua process unit in Sy.No.677/2A1 of Unguturu village and mandal. West Godavari District showing the private puntha as public property which is 13 feet actually and showing it as 30 feet road in RS Nos.686/IB, 677/2B and 685/2A by obtaining false licence and disbursing the effluents of aqua processing unit into the petitioner’s agricultural property and not passing any order, as arbitrary, illegal, null and void and violative of fundamental rights guaranteed under Articles 19 and 300A of the Constitution of India and to issue a consequential direction directing the respondent authorities to consider the petitioner’s latest representation dated 29.01.2024 by initiating action, against the 14*" respondent in accordance with law and to pass such other orders " ’1 2. Precisely, the present Writ Petition is filed aggrieved by the action of the respondents in not considering the petitioner’s representation dated 11.10.2023 by the 8*^ respondent-Pollution Control Board. The 8*^ respondent-Pollution Control Board filed its counter stating that on 24.10.2024, the AP.PCB officials inspected the respondent No. 14-industry and its surroundings and it was observed 2. 2 ? that the respondent No. 14-industry has compiled the maximum compliances in respect of pollution angle. Heard the learned counsel for the counsel for the respondents. 4. Without going into the merits of the dispose of the present Writ Petition with No.8-Poiiution Control Board to examine the representation made by the petitioner herein dated 11.10.2023 i address the issue raised by the petitioner herein said decision to the petitioner herein within from the date of receipt of a copy of this order. 5. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. non- 3. petitioner and the learned case, this Court is inclined to a direction to the respondent In accordance with law and and communicate the a period of four (4) weeks As a sequel thereto. Interlocutory Applications shall stand closed. pending, if any ^.i^^ZrJJ-RAIVIESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudv-^ Amaravati, Guntur Distria. 2. The Inspector General of Forests, Ministry of Environment, Forest and Climate Change,, Government of India, Green House, Gopalareddy-— Road, Vijayawada, Andhra Pradesh. 3. The Chairman, Andhra Pradesh Pollution Control Board, Vijayawada.. Andhra Pradesh. 4. The District Collector, West Godavari District, Eluru. 5. The District Panchayat Officer, ZP Premises, Eluru, West Godavaff District. 6. The Secretary, Unguturu Gram Panchayat, Unguturu village and Mandal, West Godavari District. 7. The Mandal Panchayat Officer, Unguturu mandal, Unguturu, West Godavari District. 8. The Joint Chief Environmental Engineer, Andhra Pradesh Pollution Control Board, Zonal office, Visakhapatnam, Andhra Pradesh. 9. The Revenue Divisional Officer, Tadepalligudem, West Godavari District. 10. The Tahsildar, Unguturu Mandal, Unguturu, West Godavari District. 11. The Director of Industries, Government of Andhra Pradesh, Vijayawada. 12. The District Industries Centre, Eluru, West Godavari District, Rep., by its General Manager. 13. The Town and Country Planning Officer, RR Pet, Eluru, West Godavari District. 14. One CC to Sri Venkateswara Rao Gudapati, Advocate [OPUC.] 15. OneCCtoYelisettiSomaraju, SCforAPPCB[OPUC] ^ 16. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 17. One CC to Ms. Sodum Anvesha, Advocate[OPUC] 18. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh. [OUT] 19. Two CC’s to GP for Revenue, High Court of A.P. at Amaravati[Oj^] 20. Two CCs to GP for Industries & Commerce, High Court of A.P. at Amaravati[OUT] 21. Two CCs to GP for Forests, High Court of A.P. at Amaravati[OUT] ^ 22. Three CD Copies. ssb HIGH COURT DATED:07/01/2025 ORDER WP.No.14036 of 2024 g 11 JAN JflK 2 ^ Currtnt S*cuon DISPOSING OF THE W.P. WITHOUT COSTS