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2025 DAILYLAW 2431 (AP)

SAI SREYA MINERALS v. THE STATE OF AP

WP/201/2025 · 2025-02-25

Ninala Jayasurya, Sumathi Jagadam

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 201 OF 2025 Between: Sai Sreya Minerals, rep.by its Managing Partner, B. Rameswara Reddy, S/o. B Chandrsekhar Reddy, Aged 54 years, R/o. H.No. 81/108/M 1, Venkateswara - Nagar, Kurnool, Kurnool District. ...PETITIONER AND The State of AP, rep by its Secretary, Environment, Forest, Science and Technology (Sec.l) Department, Secretariat, Velagapudi, Amaravathi, Guntur The Member Secretary, A.P. Pollution Control Board, (APPCB), Dr. YSR Paryavaran Bhavan, APIIC Colony, Gurunanak Colony, Beside Raithu Bazar, Auto Nagar, Vijayawada, Krishna District. The Joint Chief Environmental Engineer, A.P. Pollution - Control Board, (APPCB), Zonal Office, 1®* Floor, Dr. YSR Paryavaran Bhavan, Road No.2, Labour Colony, Venkataramana Colony, Kurnool-518 003. The Environmental Engineer, A.P. Pollution Control Board, (APPCB), ^ Regional Office, 3'^ Floor, Dr. YSR Paryavaran Bhavan, Road No.2, Labour Colony, Venkataraman Colony, Kurnool-518 003. 1. 2. 3. 4. ...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 4**^ respondent in raising a demand of Rs. 10,55,378/- on the petitioner vide Lr.No. 783/PCB- RO/KNL/CTO-24, dated 13-12-2024 including an amount of Rs.6,44,516/- for the period 26-2-2021 to 13-2-2024 as per the rates levied under f G.O.Ms.No.13, dated 26-2-2021 which stands superseded as illegal, arbitrary and voilative of Articles 14, and 19 (1) (g) of the Constitution of India and consequently set aside demand of Rs. 10,55,378/- made on petitioner vide Lr.No. 783/PCB-RO/KNL/CTO-24, dated 13-12-2024. lA NO: 1 OF 2025 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 suspend the operation of demand notice issued by the 4th respondent vide Lr.No. 783/PCB- RO/KNL/CTO/2024, dated 13-12-2024, in the interest of justice, pending disposal of the Writ Petition before this Hon’ble Court. Counsel for the Petitioner: SRI T. JANARDHAN REDDY Counsel for the Respondent No.1 : GP FOR FORESTS Counsel for the Respondent Nos.2 to 4 : SRI YELISETTY SOMARAJU, SC FOR APPCB The Court made the following: ORDER APHC010002652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3494] TUESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION No:201 of 2025 Between: M/s.Sai Sreya Minerals, rep. by its Managing Partner, B.Rameswara Reddy, S/o. B.Chandrasekhar Reddy, Aged 54 years, R/0.8I/IO8/MI, Venkateswara Nagar, Kurnool, Kurnool District. ...Petitioner AND The State of A.P., rep by its Secretary, Environment, Forest, Science & Technology (Sec.l) Department, Secretariat, Velagapudi, Amaravathi, Guntur District and 3 others ...Respondents Counsel for the Petitioner: 1. Mr. T Janardhan Reddy Counsel for the Respondents: 1. Mr. GP for Forests 2. Mr. Yelisetti Somaraju (SC for APPCB) The Court made the following Order: (per NJS,J) In view of the letter dated 21.02.2025 addressed by the learned counsel for the petitioner as requested by the writ petitioner, seeking withdrawal, this writ petition is dismissed as withdrawn. No costs. Miscellaneous petitions pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT, registrar //TRUE COPY// SEi^Tl^ COFFICER To, 1. One CC to Sri T. Janardhan Reddy, Advocate [OPUC] 2. Two CCS to GP for Forests, High Court of Andhra Pradesh. 3. One CC to Sri Yelisetty Somaraju, SC for APPCB (OPUC) 4. Three C.D. Copies. Cnr [OUT] HIGH COURT DATED:25/02/2025 ORDER WP.No.201 of 2025 'S 13 MAR 2025 £ ^ . Current Section DISMISSING THE W.P. AS WITHDRAWN WITHOUT COSTS