M/s Veerabhadra Exports Private Limited, v. THE STATE OF ANDHRA PRADESH
WP/3957/2025 · 2025-08-13
Maheswara Rao Kuncheam, Ravi Nath Tilhari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49450 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49450 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
AP«G010076662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY.THEFOURTEENTHDAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE RAVI NATH TILHARI AND HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION Nos: 3957 and 17999 OF 2025 WRIT PETITION NO: 3957 OF 2025: Between: M/s Veerabhadra Exports Private Limited,, regd. Office at R.Sy.No. 116, 119/1,2,4 8 and 8, Gurajanapalli Village, Karapa Mandal, Kakinada District rep. by its Managing Director, Dwarampudi Veerabhadra Reddy. ...Petitioner AND
1. The State of Andhra Pradesh, rep. by its Special Chief Secretary, Environment, Forest, Science and Technology Department, Secretariat, Velaghapudi, Guntur District.
2. The Andhra Pollution Control Board, rep. by it's Chairman cum State Board Member, Paryavaran Bhavan, Autonagar, Vijayawada.
3. The Andhra Pradesh Pollution Control Board, rep. by its Member Secretary, cum Paryavaran State,Board Member, Bhavan, Autonagar, Vijayawada.
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4. The Joint Chief Environmental Engineer 7, Andhra Pradesh Pollution D.No.39-33- Vuda Colony, Board, Zonal Office, O/o 20/4/1, ha^dTahai-a Visakhapatnam. O' ' s ■» ^|^he*|fenior Environmental Engineer, Andhra Pradesh Pollution Control ^,4Boatdf^Zonal Office, O/o D.No.39-33-20/4/1, Colony, VudaMadhavadhara Visakhapatnam.
6. The Environmental Engineer, Regional Office, Andhra Pradesh Pollution Control Board, Plot No.2, IDA, Ramanayyapet, Kakinada, Kakinada District. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring that the impugned order passed by the 4th respondent on the nomenclature of stop production order vide Order NO.5863/APPCB/ZO-VSP/KKD/2024 dated 06.08.2024 is without jurisdiction, illegal, arbitrary, unconstitutional, contrary to the principles of natural justice for not considering the reply to the show cause notice, the samples were collected contrary to the scheme of the Water (Prevention and control of pollution) Act, 1974, and it is violation of right to carry out business enshrined under Article 19 (2) of the Constitution of India and
consideration of the compliance was made and placed a letter to the 2nd, 3rd and 6th respondents on 05.02.2025 for inspection is not even considered is nothing but adversely affect the petitioner industry and consequently set aside the impugned order vide Order No.5863/APPCB/ZO- VSP/KKD/2024 dated 06.08.2024 of the 4th respondent on the ground of jurisdiction. lA NO: 1 OF 2025 as non Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the impugned order viz.,Order
NO.5863/APPCB/ZO-VSP/KKD/2024 dated 06.08.2024 as passed by the 4th respondent by permitting the petitioner herein to run the business activityjn accordance with the scheme of the Water (Prevention and Pollution) Act, 1974, pending disposal of the above said writ petition. Control of lA NO: 2 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to reconsider the affidavit and also the petition by directing the APPCB for revised CTO by reducing the processing capacity to the available land the available ETP ratio, pending disposal of the above said writ petition Counsel for the Petitioner: SRI V SURENDRA REDDY Counsel for the Respondent No.1: GP FOR FORESTS Counsel for the Respondents No.2 to 6: SRI YELISETTI SOMARAJU (STANDING COUNSEL APPCB) WRIT PETITION NO: 17999 OF 2025: Between: M/s Veerabhadra Exports Private Limited, , regd. Office at R.Sy.No. 116, 119/1,2,4 and 8, Gurajanapalli Village, Karapa Mandal, Kakinada District rep. by its Managing Director, Dwarampudi Veerabhadra Reddy. ...Petitioner AND
1. The State of Andhra Pradesh, rep. by its Special Chief Secretary, Forest, Science, Environment, and Technology Department, Secretariat, Velaghapudi Guntur District. 7
2. The Andhra Pollution Control Board, rep. by its Chairman cum State Board Member, Paryavaran Bhavan, Autonagar Vijayawada. 3. The Andhra Pradesh Pollution Control Board, rep. by its Member Secretary cum State Board Member, Paryavaran Bhavan, Autonagar, Vijayawada. 4. The Joint Chief Environmental Engineer?, Andhra Pradesh Pollution Control Board, Zonal Office, O/o D.No.39-33-20/4/1, Madhavadhara Vuda Colony, Visakhapatnam. Bhavan, Autonagar,
5. The Environmental Engineer Regional Office, Andhra Pradesh Pollution Control Board, Plot No.2, IDA, Ramanayyapet, Kakinada, Kakinada District.
...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to it is prayed before this Hon’ble Court may be pleased to issue a Writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent herein passing the impugned
order vide Lr.No.870/APPCB/HO/ECS/KKD/2025 dated 24.04.2025 is bad, illegal and arbitrary, unconstitutional and contrary to the directions of this Hon’ble Court dated 12.03.2025 pleased to pass in I.A.No.2 of 2025 in WP.No.3957 of 2025 and consequently set aside the impugned
order vide Lr.No.870/APPCB/HO/ECS/KKD/2025 dated 24.04.2025 of the 3rd respondent.
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 writ petition, the High Court may be pleased to direct the 3'^'' respondent herein to implement the orders of this
~1 High Court dated 12.03.2025 passed in I.A.No.2 of 2025 in WP.No.3957 of 2025 with letter and spirit, pending disposal of the main case. Counsel for the Petitioner: SRI V SURENDRA REDDY Counsel for the Respondent No.1: GP FOR FORESTS Counsel for the Respondents No.2 to 5: SRI YELISETTI SOMARAJU (STANDING COUNSEL APPCB) The Court made the following Common order:
1 (RNT,J & MRK,J W.P. NOS.3957 & 17999 OF 2025) THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NOs: 3957 & 17999 of 2025 COMMON ORDER:- (per Hon’ble Sri Justice Ravi Nath Tilhari) W.P.No.3957 of 2025 was filed challenging the Stop Production
Order dated 06.08.2024 issued by the 4th respondent-The Joint Chief Environmental Engineer-7. Andhra Pradesh Pollution Control Board (APPCB), Visakhapatnam, vide proceedings No.5863/APPCB/ZO- VSP/KKD/2024. By order in the said writ petition, liberty was granted to the petitioner to approach the competent authority raising grievances against the objections mentioned therein, as one of the grounds urged / was violation of the principles of natural justice in passing the impugned
order. /
2. Sri V.Surendra Reddy,
learned counsel for the petitioner submits that the 3'"'^ respondent-APPCB, Vijayawada, has subsequently passed an
order dated 07.08.2025, temporarily revoking the Stop Production
Order, and thereafter, an
order dated 11.08.2025 titled
“Amendment for Consent and Authorization Order.” Copies of the said communications have been placed on record.
3. It is further submitted that, in view of the subsequent orders dated 07.08.2025 and 11.08.2025, the grievance in W.P.No.3957 of 2025 does not survive for consideration and the writ petition may accordingly be
2 (RNTJ & MRK,J W.P. NOS.3957 & 17999 OF 2025) closed. It is also submitted that W.P.No.17999 of 2025, which was filed \ challenging only the consequential proceedings passed pursuant to the
order impugned in W.P.No.3957 of 2025, also does not survive and may similarly be closed. Recording the aforesaid
submissions of learned counsel.
4. W.P.No.3957 of 2025 and W.P.No.17999 of 2025 are closed. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.
Sd/- B CHITTI JOSEPH deputy REGtSTRAR //TRUE COPY// SECTION OFFICER To, 1- OneCCto SRI. V SURENDRAi
2. Two CCs to GP FOR FORESTS
3. One CC to SRI. )Advocate fOPUCJ REDDY Advocate fOPUC] High Court of Andhra Pradesh YELISETTI SOMARAJU (STANDING [OUT] COUNSEL APPCB
4. Two CD Copies nm
\, \ V \ high court DATED; 14/08/2025 \: \ \
ORDER WP NOs. 3957 & 17999 OF 2025 g( 0 6 NOV 2025 I' ' • jf '<■/ ★^sQiiiTent SectioQ^^ CLOSING THE WPs WITHOUT COSTS