pscs:-<». APHC010333002012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) B TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21556 OF 2012 Between: M/s. Ganga Bhavani Aqua Industries, Puritipenta, Near Railway Station, Gajapathinagaram Mandal, Vizianagaram District, Represented by its Proprietrix Smt.B.Ganga Bhavani, W/o Bhaskara Rao, Aged 62 years. ...Petitioner AND 1. The Government of Andhra Pradesh, Rep by the Principal Secretary, Municipal Administration Department, A.P. Secretariat, Hyderabad. 2. The Government of Andhra Pradesh, Rep by the Principal Secretary, Panchayat Raj Department, A. P. Secretariat, Hyderabad. 3. Bureau of Indian Standards, Rep by its Scientist-B, 1®' floor, C-Block, Udyog Bhavan, VUDA Complex, Siripuram Junction, Vishakapatnam-530 003. (W.P. is dismissed in respect of third respondent as per Court Order dated.17.07.2012) 4. Vizianagaram Municipality, Rep by its Commissioner, Vizianagaram, Vizianagaram District. 5. Salur Municipality, Rep by its Commissioner, Salur, Vizianagaram District. 6. Bobbilli Municipality, Rep by its Commissioner, Bobbilli, Vizianagaram District. 7. Parvatipuram Municipality, Rep by its Commissioner, Parvatipuram, Vizianagaram District. 8. Cheepurupalli Gram panchayat. Rep by its Secretary, Cheepurupalli, Vizianagaram District. 9. Srikakulam Municipality, Rep by its Commissioner, Srikakulam, Srikakulam District. 10. Amudalavalasa Municipality, Rep by its Commissioner, Amudalavalasa, Srikakulam District. 11. Rajam Municipality, Rep by its Commissioner, Rajam, Srikakulam District. 12. Sompeta Municipality, Rep by its Commissioner, Sompeta, Srikakulam District. 13. Polavaram Gram Panchayat, Rep by its Secretary, Polavaram, Srikakulam District. 14. Tekkali Gram Panchayat, Rep by its Secretary, Tekkali, Srikakulam District. 15. Palasa Gram Panchayat, Rep by its Secretary, Palasa, Srikakulam District. 16. Itchapuram Gram Panchayat, Rep by its Secretary, Itchapuram, Srikakulam District. 17. Narasanapeta Gram Panchayat, Rep by its Secretary, Narasanapeta, Srikakulam 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 an order, direction or writ more particularly in the nature of Writ of Mandamus declaring the action of the respondent authorities in interfering with the petitioner's business in sale of packaged drinking water in PE flexible pouches of 250 ml net quantity without violation of any license condition as arbitrary, illegal, against the norms of public policy and principles of natural justice and in violation of Article 19 (1) (g) of the Constitution of India and to issue consequential direction directing the respondent authorities not to P"- -■ interfere with the business activities of the petitioner in sale of packaged drinking water in 250 ml PE flexible pouches. lA NO: 1 OF 2012(WPMP 27634 OF 2012 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondent authorities not to interfere with the business activities of the petitioner in sale of packaged drinking water in 250 ms. PE flexible pouches, pending disposal of the above writ petition. Counsel for the Petitioner: SRI VENKATESWARA RAO GUDAPATI Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent No.2 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.3 : SRI O. MANOHAR REDDY Counsel for the Respondent Nos.4 to 7 & 9 to 12 : SRI M. KRISHNA RAO, SC FOR MUNICIPALITY Counsel for the Respondent Nos.8,13 to 17 : SRI Y. KOTESWARARAO, SC FOR GRAM PANCHAYAT The Court made the following order: APHC010333002012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21556/2012 Between: 1.M/S GANGA BHAVANI AQUA INDUSTRIES,, PURITIPENTA, NEAR RAILWAY VIZIANAGARAM DISTRICT, REPRESENTED BY ITS PROPRIETRIX SMT.B.GANGA BHAVANI, W/0 BHASKARA RAO, AGED 62 YEARS. STATION, GAJAPATHINAGARAM MANDAL ...PETITIONER AND 1. THE GOVERNMENT OF ANDHRA PRADESH, REP BY THE PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT, HYDERABAD. 2. THE GOVERNMENT OF ANDHRA PRADESH, REP BY THE PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, A. P. SECRETARIAT, HYDERABAD. 3. BUREAU OF INDIAN STANDARDS, REP BY ITS SCIENTIST-B, 1ST FLOOR, C-BLOCK, UDYOG BHAVAN, VUDA COMPLEX, SIRIPURAM JUNCTION, VISHAKAPATNAM-530 003. 4. VIZIANAGARAM MUNICIPALITY, REP BY ITS COMMISSIONER, VIZIANAGARAM, VIZIANAGARAM DISTRICT. 2 5. SALUR MUNICIPALITY, REP BY ITS COMMISSIONER, SALUR, VIZIANAGARAM DISTRICT. 6. BOBBILLI MUNICIPALITY, REP BY ITS COMMISSIONER, BOBBILLI, VIZIANAGARAM DISTRICT. 7. PARVATIPURAM MUNICIPALITY, REP BY ITS COMMISSIONER, PARVATIPURAM, VIZIANAGARAM DISTRICT. 8. CHEEPURUPALLI GRAM PANCHAYAT, REP BY ITS SECRETARY, CHEEPURUPALLI, VIZIANAGARAM DISTRICT. 9. SRIKAKULAM MUNICIPALITY, REP BY ITS COMMISSIONER, SRIKAKULAM, SRIKAKULAM DISTRICT. 10.AMUDALAVALASA MUNICIPALITY, REP BY ITS COMMISSIONER, AMUDALAVALASA, SRIKAKULAM DISTRICT. 11.RAJAM MUNICIPALITY, REP BY ITS COMMISSIONER, RAJAM, SRIKAKULAM DISTRICT. 12.SOMPETA MUNICIPALITY, REP BY ITS SOMPETA, SRIKAKULAM DISTRICT. 13.POLAVARAM GRAM PANCHAYAT, REP BY ITS SECRETARY, POLAVARAM, SRIKAKULAM DISTRICT. 14.TEKKALI GRAM PANCHAYAT, REP BY ITS SECRETARY, TEKKALI, SRIKAKULAM DISTRICT. 15.PALASA GRAM PANCHAYAT, REP BY ITS SECRETARY, PALASA SRIKAKULAM DISTRICT. 16.ITCHAPURAM GRAM PANCHAYAT, REP BY ITS SECRETARY, ITCHAPURAM, SRIKAKULAM DISTRICT. 17.NARASANAPETA GRAM PANCHAYAT, REP BY ITS SECRETARY, NARASANAPETA, SRIKAKULAM DISTRICT. COMMISSIONER, ...RESPONDENT(S): 3 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 toto issue an order, direction or writ more particularly in the nature of Writ of Mandamus declaring the action of the respondent authorities in interfering with the petitioner's business in sale of packaged drinking water in PE flexible pouches of 250 ml net quantity without violation of any license condition as arbitrary, illegal, against the norms of public policy and principles of natural justice and in violation of Article 19 (1) (g) of the Constitution of India and to issue consequential direction directing the respondent authorities not to interfere with the business activities of the petitioner in sale of packaged drinking water in 250 ml PE flexible pouches. lA NO: 1 OF 2012(WPMP 27634 OF 2012 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 authorities not to interfere with the business activities of the petitioner in sale of packaged drinking water in 250 ms. PE flexible pouches, pending disposal of the above writ petition. lA NO: 4 OF 2012(WPMP 136521 OF 2012 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 lA NO: 5 OF 2012(WPMP 157219 OF 2012 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 lA NO: 6 OF 2012(WPMP 157220 OF 2012 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 Counsel for the Petitioner: 1 .VENKATESWARA RAO GUDAPATI Counsel for the Respondent{S): 4 1 .GP FOR PANCHAYAT RAJ RURAL DEV 2.GPFORMUNC1PALADMN AND URBAN DEV 3.SC FOR ZPP/ MPP ANDHRA AREA 4.Smt. V. Sireesha Rani, learned Standing Counsel for R.5 The Court made the following: 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21556/2012 ORDER: 1. The present Writ Petition is filed seeking the following relief; “to declare the action of the respondent authorities in interfering with the petitioner's business in sale of packaged drinking water in PE flexible pouches of 250 ml net quantity without violation of any license condition as arbitrary, illegal, against the norms of public policy and principles of natural justice and in violation of Article 19 (1) (g) of the Constitution of India and to issue consequential direction directing the respondent authorities not to interfere with the business activities of the petitioner in sale of packaged drinking water in 250 ml PE flexible pouches”. 2. The Respondent No.5 filed Counter Affidavit, wherein it is stated that fines were collected from the Petitioner without any notice. Further, in the counter affidavit, a reference was made with regard to Municipal Solid Waste (Management and Handing) Rules, 2000 and that the discarded plastics sachets of the Petitioner are non bio degradable and are causing irreversible damage to the environment. It is further stated that plastic wastes hinder the natural aeration process of the surface water and are choking the municipal sewer lines. According to G.O.Ms.No.158 MA and UD Department, dated 04.04.2006 read with G.O.Ms.No.25 EF & ST (Env) Department, dated 30.03.2001, plastic bags less than 20 microns in 6 thickness were prohibited and individuals were liable for fine for littering the sachets in public places. It is also stated that it is the responsibility of the Petitioner to ensure that the discarded water sachets public places. are not littered in 3. In the Counter Affidavit of Respondent No.9, a reference was made to the Municipal Resolution dated 02.06.2011 for imposing fines on shop keepers, who are littering such water packets or garbage on the It is also stated that roads. no documents were produced by the Petitioner regarding the License Certificate from the Bureau of Indian Standards and Registration for selling of 250 Ml sachets bodies. to the local 4. Considering the relief sought in this Writ Petition i.e., to restrain the Respondents from taking action except in accordance with law, this Court is of the opinion that the rival contentions need not be gone into in this case. Hence, the present Writ Petition is disposed of with the following directions: (i) The Respondents Authorities are at liberty to take action per law; There shall be no order as to costs. as ii) ^4 7 As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// N OFFICER S To, The Principal Secretary, Government of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravati Guntur District. 2. The Principal Secretary 1. Municipal Administration Department Panchayat Raj Department, Government of Andhra Pradesh, A. P. Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Scientist-B, Bureau of Indian Standards 1®^ floor, C-Block, Bhavan, VUDA Complex, Siripuram Junction, Vishakapatnam-530 Udyog 003 4. The Commissioner, Vizianagaram District. Vizianagaram Municipality Vizianagaram, 5. The Commissioner, Salur Municipality, Salur, Vizianagaram District. 6. The Commissioner, Bobbilli Municipality, Bobbilli, Vizianagaram i 7. The District. Parvatipuram Commissioner, Vizianagaram District. 8.The Secretary, Vizianagaram District. Parvatipuram Municipality, Cheepurupalli Gram panchayat Cheepurupalli, 9. The Commissioner, Srikakulam Municipality, Srikakulam District. 10.The Commissioner, Srikakulam District. 11. The Commissioner, Rajam Municipality, Rajam, Srikakulam District. 12. The Commissioner, Sompeta Municipality, Sompeta, District. 13.The Secretary, Polavaram Gram Panchayat, Polavaram District. Srikakulam Amudalavalasa Municipality, Amudalavalasa Srikakulam Srikakulam 14.The Secretary, Tekkali Gram Panchayat, Tekkali, Srikakulam District. 15. Palasa Gram Panchayat, Rep by its Palasa, Srikakulam District. 16. The Secretary, Itchapuram Gram Panchayat, Secretary, Itchapuram, Srikakulam District. 17. The Secretary, Narasanapeta Gram Panchayat, Narasanapeta, Srikakulam District. 18. One CC to Sri Venkateswara Rao Gudapati, Advocate [OPUO 19. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh [OUT] 20. Two CCs to GP for Municipal Admn and Urban Development, High Court of Andhra Pradesh [OUT] 21. One CC to Sri Y. Koteswara Rao, SC for Gram Panchayat [OPUC] 22. One CC to Sri M. Krishna Rao, SC for Municipality [OPUC] 23. One CC to Sri O. Manohar Reddy, Advocate (OPUC) 24. Two CD Copies Cnr HIGH COURT DATED:08/07/2025 ORDER WP NO. 21556 OF 2012 ^iT 2 9 JUL 2025 V ^^is4;urrentSectioi^^''"I^ DISPOSING OFTHE W.P. WITHOUT COSTS