IN THE HIGH COURT OF ANDHRA PRADESH - (Special Original Jurisdiction) :: AMARAVATI TUESDAY, THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE RAVI NATH AND THE HON’BLE SRI JUSTICE MAHESWARA WRIT PETITION NO: 766 OF 209^ TILHARI RAO KUNCHEAM Between: K.Rajamohan Recl(dy, S/o.Late. Miner (Business), Having Unit Pendlimarri Mandal, YSR District. Sri Venkata Malleshwara, No-203, Aditya Elite, B.S.Makta K.Obul Reddy, Aged about 69 and Office at Sy.No.320, Chabali years, Occ. D .... - Village, Rep., by his GPA-Holder U.Bhargav S/o Aged about 30 years, Occ: Business, R/o Flat J, Somajiguda, Hyderabad. ...PETITIONER AND 2. The Andhra Pradesh Pollution Control Board Bhavan, APIIC Colony Road, Gurunanak Its Member Secretary. Dr.Y.S.Paryavaran I, rep., by Colony, Vijayawada 4. The Environmental Engineer, Kadapa Region Pollution Control Board RegionatOffice,Kadapa. Andhra Pradesh ...RESPONDENTS the Constitution of India is filed praying the High issue an appropriate Writ, Order or direction more Petition under Article 226 of that in the circumstances stated i Court may be pleased to i in the affidavit filed therewith particularly one in the nature of Writ of Lr.No.CDP- 224/PCB/ZO/KNL/CTO/2024 Mandamus declaring letter in dated 13.12.2024, served on 07.01.2025 issued by the respondent No.3 directing Rs. 1,12,00,000/- (Rupees One Crore Twelve Operate for the period between 26.02.2021 the petitioner to pay Lakhs) towards Consent to to 30.09.2023 for the Iron Ore Mine in Sy.No.320, Chabali Village, Pendlimarri Mandal, YSR District, stating that the fee has to be paid Forest Science and Technology Department G.O.Ms.No.10, Environment Forest Science dated 14.02.2023 retrospectively, failing which the would not be issued per G.O.Ms.No.13, Environment as dated 26.02.2021 and and Technology Department Consent to Operate even though the said Government Order was superseded and the said mine was not in operation from 01.10.2021 to 30.09.2023 as arbitrary, illegal, colourable exercise of power and contrary Forest Science and Technology to the G.O.Ms.No.10, Environment Department, dated 14.02.2023 Fundamental and Constitutional Rights Article 14, 19, 21, 265 and 300--A apart from being violative of the guaranteed to the petitioner under of the Constitution of India and consequently d. Direct the respondents not to demand the Consent for Operation revised fee for per G.O.Ms.No.13, Environment Forest Science and and G.O.Ms.No.10, dated 30.09.2023 from the petitioner by as and Technology Department, dated 26.02.2021 Environment Forest Science and Technology Department 14.02.2023 for the period 26.02.2021 to setting aside the part of the Order 224/PCB/ZO/KNL/CTO/2024, dated ‘ 13.12.2024 served issued by respondent No.3; Lr.No.CDP- in on 07.01.2025 e. Direct the respondents to refund an amount of Rs.20,00,000/- collected towards the Operation as payment of Consent for Science and per G.O.Ms.No.13, Environment Forest Technology Department, dated 26.02.2021 30.09.2023 from the petitioner; for the period 26.02.2021 to f. Direct the respondents to grant Consent To Operate from the date of the order iissued i.e., the date on which the of the application, as the consent is accorded and not from- the date c petitioner paid the relevant fee in terms of the G.O.Ms.No.10, Environment Forest Science and Technology Department, dated 14.02.2023. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 not to insist the payment of Rs. 1,12,00,000/- (Rupees One Crore Twelve Lakhs) towards Consent to Operate for the period between 26.02.2021 to 30.09.2023 for renewal of the Consent to Operate from the petitioner for consideration of its application, dated 11.10.2024 and renew the same from the date of communication of the consent, pending disposal of the above Writ Petition. Counsel for the Petitioner; SRI B ABHAY SIDDHANTH MOOTHA Counsel for the Respondent No.1: GP FOR FORESTS Counsel for the Respondent Nos. 2 to 4: SRI YELISETTI SOMARAJU (SC FOR AP POLLUTION CONTROL BOARD) The Court made the following: ORDER f THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM V WRIT PETITION No.766 of 2025 ORDER: This writ petition was filed by the petitioner, challenging the demand made from the respondents vide letter in Lr.No.CDP- 224/PCB/ZO/KNL/CTO/2024 dated 13.12.2024 as per G.O.Ms.No.13 dated 26.02.2021 and providing that failing the same, Consent To Operate would not be issued. Learned counsel for the petitioner submits that in view of the impugned letter in the writ petition, demand could not be made for payment of Consent To Operate fee, for the reason that the petitioner’s mine was not in operation from 01.10.2021 to 30.09.2023 and with respect to that period, the petitioner also sought for waiver. 2. The 1®* respondent has filed the counter-affidavit. 3. Pointing out para No.5, the learned counsel for the petitioner submits that in view thereof, the petitioner does not want to press the present writ petition and in future, if he has any grievance with respect to the decision taken by the respondents, the liberty may 4. 2 be granted to approach the appropriate forum in appropriate proceedings. 5. Para No.5 of the counter-affidavit is as under: "5. / submit that the averments stated in the other paragraphs of the Affidavit filed in support of the Writ Petition are not relevant or concerned for the adjudication of the present Writ Petition. The letter sent by the Member Secretary, Andhra Pradesh Pollution Control Board dated 28.02.2025, which was forwarded for proposal for exemption / waive-off of consent fee for establishment (CTE) and consent fee for operation (CTO) fee claims by certain category of industrial establishments for non-operational period is under process before the Government. ” Recording the aforesaid contention, the Writ Petition is 6. dismissed with the liberty as prayed. No order as to costs. As a sequel thereto, interlocutory applications, if any pending, shall also.stand closed. 7. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri B.Abhay Siddhanth Mootha, Advocate [OPUC] 2. One CC to Sri Yelisetti Somaraju, SC for AP Pollution Control Board, Advocate [OPUC] 3. Two CCs to GP for Forests, High Court of Andhra Pradesh. [OUT] 4. Three CD Copies TF T V HIGH COURT DATED:25/03/2025 ORDER WP.No.766 of 2025 * 2 3 APR 2025 ^ . Current sieciion DISMISSING THE W.P., WITHOUT COSTS