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2025 DAILYLAW 31880 (AP)

D RAMESH KUMAR v. THE STATE OF AP

WP/24084/2024 · 2025-06-17

Dhiraj Singh Thakur, V R K Krupa Sagar

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAV. (Special Original Jurisdiction) i WEDNESDAY, THE EIGHTEENTH DAY OF JUNE fS IM TWO THOUSAND AND TWENTY FIVE o HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR PRESENT AND THE HONOURABLE JUSTICE DR V. R. K. KRUPA SAGAR WRIT PETITION NO: 24084 OF 2024 Between: D. Ramesh Kumar, Occ: Advocates Environment Activist S/o. D. Koteswara Rao, J9ed 54 years D^No.l2-48-70(N), Penamalur Center Bandar Road, Poranki, VljAYAWADA-521137 Krishna District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary Department of Environment-Forests and Science and Technology Government of A.P., Block No.4, A.P. Secretariat, Velagapudi, Tullur Mandal. Guntur District- 522 503. 2. Andhra Pradesh Pollution Control Board (APPCB), Rep. by its Member Secretary, Andhra Pradesh Pollution Control Board (APPCB) Paryavaran Bhavan, APIIC Colony Road Gurunanak Colony, Auto Nagar, Vijayawada-520 007 Krishna District, Andhra Pradesh. Dr P Krishnaiah, IAS (Retd) CHAIRMAN (Wholetime) Andhra Pradesh Pollution Control Board (APPCB) Paryavaran Btravan, APIIC Colony Road Gurunanak Colony, Auto Nagar, Vijayawada Krishna District Andhra Pradesh. ...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 appropriate Writ, Order or Direction more particularly one in the nature of Writ of Quo Warranto, quashing the appointment of Respondent No.3 ( Dr. P. Krishnaiah, IAS (Retd) as the Chairman (wholetime) of the Andhra Pradesh Pollution Control (APPCB) vide G.O.Ms.No.34, Dt. 15.09.2024, issued by Respondent No.l Board as it is contrary to the express provisions and implied restrictions of Sec.4 (2)(^;of^HE WATER (PREVENTION AND CONTROL OF POLLUTION) AQT4|74tand Sec.5(2)(a)THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 and also set aside Rule.3A(b) and (f) and 4(a) of the Andhra Pradesh Pollution Control Board(Qualifications and other terms and conditions of service and powers and duties of Chairman, Member Secretary and other Members) Rules,2021, which are not in consonance with the respective statutory provisions and implied restrictions of the Statutes mentioned supra and to issue an order suspending discharge of the duties as Chairman of the Board(APPCB) till disposal of the main writ petition. lA NO: 1 OF 2024 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 issue an order suspending discharge of the duties by Respondent No.3 as the Chairman(wholetime) of the Board (APPCB) forthwith, pending disposal of the above Writ Petition in the interest of justice. Counsel for the Petitioner : SRI KALLEMU VIJAYA RAJU Counsel for the Respondent No.1 : GP FOR FOREST Counsel for the Respondent Nos.2 & 3 : SRI MEKA RAHUL CHOWDARY, SC FOR APPCB The Court made the following: ORDER APHC010467162024 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-i AT AMARAVATI [3542] WRIT PETITION NO: 24084 of 2024 D. Ramesh Kumar ...Petitioner Vs. State of A.P. and others ...Respondents ********** Advocate for petitioner Advocate for respondents Sri Kallemu Vijaya Raju Learned Government Pleader for Forests, Sri Meka Rahul Chowdary, learned Standing Counsel for A.P. Pollution Control Board. CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR JUSTICE DR. V. R. K. KRUPA SAGAR DATE : 18th June 2025 PC : Learned counsel for the petitioner seeks to withdraw this Writ Petition. Accordingly, the Writ Petition is dismissed as withdrawn. No order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. OneCCto Sn Kallemu Vijaya Raju, Advocate [OPUCJ 2. Two CCS to GP for Forest, High Court of Andhra Pradesh. (OUT) 3. One CC to Sri Meka Rahul Chowdary, SC for APPCB [OPUC] 4. Three C.D. Copies. Cnr HIGH COURT DATED;18/06/2025 ORDER WP.No.24084 of 2024 %( 0 5JUL 2025 iS JTl Co rrent "A: MT DISMISSING THE W.P. AS WITHDRAWN WITHOUT COSTS