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2025 DAILYLAW 32988 (AP)

J. APPA RAO & ANOTHER, v. ENVIRONMENT, FORESTS, SCIENCE & TECH. (FOR IV) DEPT. &3,

WP/2496/2010 · 2025-08-31

B S Bhanumathi

body2025

Judgment text

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APHC010490142010 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Monday, the First day of September, Two Thousand and Twenty Five The Honourable Ms Justice B.S.Bhanumathi Writ Petition No.2496 of 2010 Between: J. Appa Rao & another and The Special Chief Secretary (Environment, Forests, Science & Technology (For.IV) Department, Secretariat Buildings, Hyderabad and others. Counsel for the petitioners: 1. N.Ashwani Kumar Counsel for the respondent 1. S.Syam Sunder Rao-S for A.C.B. for respondents No. 2. Government Pleader for Home. 3. Government Pleader for Forests. 4. Public Prosecutor. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Monday, the First day of September, Two Thousand and Twenty Five Present The Honourable Ms Justice B.S.Bhanumathi Writ Petition No.2496 of 2010 ...Petitioners The Special Chief Secretary , Science & Technology (For.IV) Department, Secretariat Buildings, …Respondents Counsel for the petitioners: espondents: Standing Counsel- cum-Special Public P respondents No.2 and 4. Government Pleader for Home. for Forests. IN THE HIGH COURT OF ANDHRA PRADESH [3311] Monday, the First day of September, Two Thousand and Twenty Five ...Petitioners The Special Chief Secretary , Science & Technology (For.IV) Department, Secretariat Buildings, …Respondents Prosecutor 2 BSB,J W.P.No.2496 of 2010 The Court made the following: ORDER: The writ petition is filed under Article 226 of Constitution of India to issue a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the 1st respondent in issuing G.O.Ms.No.156, Environment, Forests, Science & Technology (For.IV) Department, dated 28.11.2008 in rescinding the orders issued in G.O.Ms.No. 104, Environment, Forests, Science & Technology (For.IV) Department, dated 10.10.2007, as illegal, arbitrary, unconstitutional and in gross violation of principles of natural justice and against the Articles 14, 21 and 300-A of the Constitution of India and consequentially praying this Court to set aside the G.O.Ms.No.156, Environment, Forests, Science & Technology (For.IV) Department, dated 28.11.2008 and to pass such other order or orders which this Court deems fit in the interest of justice. 02. The petitioners mainly contend that the impugned G.O. is bad in law for not giving notice prior to passing of it and thereby violating the principles of natural justice. The petitioner No.1 claims absolute ownership of properties in items No.4, 5, 7, 11, 12, 14, 16 and 17 of the Annexure & the petitioner No.2 claims absolute ownership of items No.1, 3, 6, 13, part of 17 and 19 of the Annexure of properties shown in crime No.5 / RC / VSP / WLR / 2002, dated 02.12.2002, in which the son of petitioner No.1 by name J.Ganesh, who is the husband of petitioner No.2 was accused by A.C.B. The crime was registered as C.C.No.21 of 2006 on the file of Special Judge for SPE & A.C.B. cases, Visakhapatnam. 03. On 29.08.2025, this Court, in this writ petition, recorded on the docket the following: 3 BSB,J W.P.No.2496 of 2010 “Heard, in part, Sri K.Trinadh, learned counsel representing the counsel for the petitioners. The learned Assistant Government Pleader for Forests and the learned standing counsel for A.C.B. submitted that the relief in the writ petition has become infructuous since the judgment in C.C.No.21 of 2006 filed against the son of the 1st petitioner and husband of the 2nd petitioner was passed on 15.05.2015 directing confiscation of certain items of properties and deleting certain items of properties which are covered in the present writ petition. They further submitted that the petitioners herein had been examined in the criminal case as DW18 and 19 and that an appeal filed by the accused against the judgment of conviction and sentence is pending and therefore, if the writ petition is heard, there would be conflicting orders. The learned counsel representing the petitioners requested one more last chance to get instructions on the representation made on behalf of the respondents. Post on 01.09.2025.” 04. In continuation of the docket proceedings dated 29.08.2025 in this writ petition, Sri K.Trinadh, learned counsel representing the counsel for the petitioners requested to close the writ petition leaving it open to the points for consideration in this writ petition to be decided in the pending appeal filed against judgment in C.C.No.21 of 2006, dated 15.05.2015. 05. The learned Assistant Government Pleader for Forests and Sri S.Syam Sunder Rao, Standing counsel–cum-Special Public Prosecutor for A.C.B. appearing for respondents No.2 and 4 also requested to close the writ petition. 06. Accordingly, the writ petition is closed. There shall be no orders as to costs. 4 BSB,J W.P.No.2496 of 2010 As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed. ________________________ JUSTICE B.S. BHANUMATHI Dated 01.09.2025 GRL 5 BSB,J W.P.No.2496 of 2010 108 THE HONOURABLE MS JUSTICE B S BHANUMATHI Writ Petition No. 2496 of 2010 Date: 01.09.2025 GRL