1 APHC010789322018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 38199/2018 Between: 1. P. CHITTI JAYA BABU, S/O LATE SRI P. RABENU, AGED ABOUT 51 YEARS, OCC. PRIVATE EMPLOYEE, R/O D.NO.5-2-42/A, MENTEVARI THOTA, 2ND WARD, BHIMAVARAM - 534 201, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE PRINCIPAL SECRETARY, STATE OF ANDHRA, MEDICAL AND HEALTH DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, ELURU. 4. THE A P POLLUTION CONTROL BOARD, REGIONAL OFFICE, REP. BY ITS ENVIRONMENTAL ENGINEER, D.NO.22B-3-2, KAANUKOLANIVAARI STREET, POWERPET, RAILWAY STATION ROAD, ELURU, W.G. DISTRICT. 5. THE MUNICIPAL COMMISSIONER, BHIMAVARAM MUNICIPALITY, BHIMAVARAM, WEST GODAVARI DISTRICT. 2 6. THE MANDAL REVENUE OFFICER, BHIMAVARAM MANDAL, BHIMAVARAM, WEST GODAVARI DISTRICT. 7. ERRANKI GOPALA KRISHNA, ERRANKI GOPALA KRISHNA, S/O NOT KNOWN, AGED MAJOR, OCC. BUSINESS, R/O FISH AND PRAWN AQUA CULTURE SHED, 2ND WARD, MENTEVARI THOTA, ARUNDHATIPETA, BHIMAVARAM, W.G.DIST. ...RESPONDENT(S): 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 toto pass an order or direction or any other proceedings one in the nature of Writ of Mandamus declaring the action of the official respondents No.1 to 6 in not initiating any action against the 7th respondent in conducting commercial business of Aqua/ Prawn Culture in residential area causing Air and Water Pollution by removing the illegal constructions made on the Public and Semi Public (Park and Play Ground) in Mentevari Thota, 2nd Ward, Bhimavaram as illegal, arbitrary, unjust and violation of Article 14, 16, 21 and 300-A of the Constitution of India and consequently direct the official respondents No.1 to 6 to remove the illegal constructions made by the 7th respondent on the Public and Semi Public (Park and Play Ground) in Mentevari Thota, 2nd Ward, Bhimavaram and pass IA NO: 1 OF 2018 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 direct the official respondents No.1 to 6 to consider the representation dated 01.08.2018 made by the petitioner by preventing the 7th respondent from conducting the illegal business of Aqua/Prawn Culture in Public and Semi Public (Park and Play Ground) in the middle of the residential area causing Air and Water Pollution in Mentevari Thota, 2nd Ward, Bhimavaram and pass Counsel for the Petitioner: 1. G R SUDHAKAR Counsel for the Respondent(S): 3 1. GP FOR REVENUE (AP) 2. SC FOR AP PCB 3. GP MUNCIPAL ADMN AND URBAN DEV(AP) 4. GP FOR MEDICAL HEALTH FW(AP) 5. The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY Writ Petition No. 38199 of 2018 ORDER: 1. The present Writ Petition is filed seeking the following relief: 2. “to declare the action of the official respondents No.1 to 6 in not initiating any action against the 7th respondent in conducting commercial business of Aqua/ Prawn Culture in residential area causing Air and Water Pollution by removing the illegal constructions made on the Public and Semi Public (Park and Play Ground) in Mentevari Thota, 2nd Ward, Bhimavaram as illegal, arbitrary, unjust and violation of Article 14, 16, 21 and 300-A of the Constitution of India and consequently direct the official respondents No.1 to 6 to remove the illegal constructions made by the 7th respondent on the Public and Semi Public (Park and Play Ground) in Mentevari Thota, 2nd Ward, Bhimavaram”. 2. In the Counter Affidavit filed by the Respondent No.4, it was stated at paragraph No.4 that a Show Cause Notice was issued to the Respondent No.7 on 04.09.2018 under the provisions of Water ( Prevention and Control of Pollution) Act, 1974 and pursuant thereto, the Respondent No.7 stopped the operations from 27.10.2018. 3. Learned counsel for the Petitioner submits that as on date, the premises is being let out for third parties to which they do not have any objection as on date. 5 4. In that view, the present Writ Petition is disposed of. The Petitioner is at liberty to re-agitate the issue in the event of similar activity being initiated by the Respondent No. 7. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand dismissed as withdrawn. __________________ NYAPATHY VIJAY, J Date: 08.07.2025 eha 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY Writ Petition No. 38199 of 2018 Date: 08.07.2025 eha U