M/s. Santosh Industries, v. The State of Andhra Pradesh,
WP/7085/2015 · 2025-07-27
B S Bhanumathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38434 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38434 (AP) · dailylaw.ai ]
Judgment text
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APHC010717012015 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI , (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 7085 OF 2015 Between: M/s. Santosh Industries, Rep.by it's Proprietor M. Kanaka Durga, W/o. Brahmaiah, aged about 49 yrs., R.S.No.24/3, Agiripalli (V & M), Krishna District. ...Petitioner AND
1. The State of Andhra Pradesh, Rep. by the Principal Secretary Environment ,Forests, Science & Technology Dept. Hyderabad. The Principal Chief Conservator of Forests, for the State of A.P, Aranya Bhavan, Lakdi-Ka-Pool, Hyderabad. The Divisional Forest Officer, Krishna Division, Vijayawada. The Forest Section Officer, I/O Striking Force, RFWP-II, Nuzvid, Krishna District. The Forest Range Officer, Nuzvid Range, Nuzvid Krishna District. The Central Empowered Committee, Rep., by it's Chairman, Ministry of Environment and Forests, New Delhi. Secretariat,
2. 3. 4. 5. 6. ...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
4 pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the order of Seizure of 4th respondent Dt. 09.02.2015 and consequently the Show Cause Notice of the respondent vide DOR .No. 19/2014-15A/4, dt. 07.03.2015 as illegal, arbitrary, void and also offends Arts. 14, 19 & 21 of the Constitution of India and consequently set aside the same. lA NO: 1 OF 2015(WPMP 9426 OF 2015) 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 suspend the order of Seizure of 4th respondent Dt.09.02.2015 and direct the respondents 3 to 5 to remove the seizure of Motors and further direct the respondents 3 to 5 not to interfere with the activity of the petitioner's unit and allow the petitioner to run business as usual pending disposal of the main writ petition. lA NO: 1 OF 2016fWVMP 1159 OF 2016)
1. The State of Andhra Pradesh, Rep. by the Principal Secretary, Environment ,Forests, Science & Technology Dept., Secretariat, Hyderabad. The Principal Chief Conservator of Forests, for the State of A.P, Aranya Bhavan, Lakdi-Ka-Pool, Hyderabad. The Divisional Forest Officer, Krishna Division, Vijayawada. The Forest Section Officer, I/C Striking Force, RFWP-II, Nuzvid, Krishna District. The Forest Range Officer, Nuzvid Range, Nuzvid Krishna District. 2.
3. 4. 5. ...Petitioners/Respondents AND
1. M/s. Santosh Industries, Rep.by it's Proprietor M. Kanaka Durga, W/o. Brahmaiah, aged about 49 yrs., R.S.No.24/3, Agiripalli (V & M), Krishna District. ... Respondent/Petitioner
2. The Central Empowered Committee, Rep., by it's Chairman, Ministry of Environment and Forests, New Delhi. (R2 is not necessary party in this petition) ...Respondent/Respondent 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 vacate the interim order dt. 18-03-2015 in W.P.M.P. No. 9426/ 15 in W.P. No. 7085/2016. Counsel for the Petitioner: M/S I K ANNAPURNA Counsel for the Respondent Nos. 1 to 5: GP FOR FORESTS Counsel for the Respondent No. 6: DEPUTY SOLICITOR GENERAL OF INDIA The Court made the following order:
4 1SB APHC010717012015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Twenty Eighth Day of July, Two Thousand and Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi Writ Petition No. 7085 of 2015 Between: M/s.Santosh Industries, represented by its Proprietor M.Kanaka Durga, W/o Brahmaiah, aged about 49 years, R.S.No.24/3, Agiripalli village and mandal, Krishna District, and ...Petitioner I.The State of Andhra Pradesh, represented by the Principal Secretary, Environment, Forests, Science & Technology Department, Secretariat, Hyderabad. 2.The Principal Chief Conservator of Forests for the State of A.P.Aranya Bhavan, Lakdi-ka-Pool, Hyderabad. 3.The Divisional Forest Officer, Krishna Division, Vijayawada. 4.The Forest Section Officer, I/C Striking Force, RFWP-II, Nuzvid, Krishna District. 5.The Forest Range Officer, Nuzvid Range, Nuzvid, Krishna District. 6.The Central Empowered Committee, represented by its Chairman, Ministry of Environment and Forests, New Delhi. ...Respondents
2 BSB,J W.P.No.7085 of 2015 Counsel for the petitioner; I.I.K.Annapurna Counsel for the respondents:
1. Deputy Solicitor General of India. 2.
Government Pleader for forests (A.P.)
3 BSB,J W.P.No.7085 of 2015 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 writ of mandamus declaring the
order of seizure of the 4^*^ respondent dated 09.02.2015 and consequently the show cause notice of the 3’’^ respondent vide D.O.R. No 19/2014-15/V4 dated 07.03.2015 as illegal, arbitrary, void and also violative of Articles 14, 19 & 21 of the Constitution of India and consequently set aside the same and pass such order or orders which this Court deems fit in the interest of justice.
2. Ms.N.Kumari Kesavi, learned counsel representing the counsel for the petitioner submitted that the relief has become infructuous.
3. Accordingly, this writ petition is dismissed as infructuous. There shall be no orders as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition shall stand closed.
Sd/- U SRI DEVI ASSISTANT REGISTRAR //TRUE COPYi SECTIO^FFICER To.
1. One CC to Sri. I K Annapurna Advocate [OPUC]
2. One CC to The Deputy Solicitor General of India Advocate [OPUC]
3. Two CCs to GP for Forests, High Court of Andhra Pradesh [OUT]
4. Two CD Copies GSC
I HIGH COURT DATED:28/07/2025
ORDER WP NO. 7085 OF 2015 (f 2 5 SEP 2025 Current sieciion ^^i£ogSPATCWgP % DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS