APHC010196172021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 11098/2021 Between: 1. M/S GODAVARI BIO MANAGEMENT, HAVING ITS OFFICE AT D.NO. 2-31. PEDDADA, PEDAPUDI MANDAL, EAST GODAVARI DISTRICT ANDHRA PRADESH - 533 344, REPRESENTED BY ITS MANAGING PARTNER MR. Y. PAPA RAO ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, 2ND BLOCK, GROUND FLOOR, ROOM NO. 185, A.P. SECRETARIAT OFFICE, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT MAGISTRATE CUM DISTRICT COLLECTOR, COLLECTOR'S OFFICE, KAKINADA EAST GODAVARI DISTRICT, ANDHRA PRADESH - 533 001. 3. THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 4. THE DEPUTY SUPERINTENDENT OF POLICE, 0/0. DSP, PEDDAPURAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 5. THE SUBINSPECTOR OF POLICE, 0/O. SI, RANGAMPETA, RANGAMPETA MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 6. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, 0/O. DIC, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 7. THE REVENUE DIVISIONAL OFFICER, 0/O. RDO, PEDDAPURAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH ...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 issue any order, direction or writ more particularly one in the nature of Writ of Mandamus and A. Declare the inactions of the Respondents No. 3 to 5 to protect and preserve the law and order and public order in and around the site of the Petitioner firm thereby failing to facilitate smooth construction and operation of the Medical Waste Treatment Facility despite the existence of clear directions issued by the Respondent No.2 is illegal, arbitrary, unconstitutional and consequently direct the Respondents No. 3 to 5 to immediately take all necessary measures including police protection to facilitate smooth construction and operation of the Medical Waste Treatment 2 Facility, B.Declare the actions of the Respondent No.2 in failing to ensure that his directions to the Respondent police officers to resolve all the problems of the Petitioner firm are implemented, as illegal, arbitrary and consequently direct the Respondent No. 2 to ensure that all the problems of the Petitioner firm arising in connection with the construction of the Medical Waste Treatment Facility are resolved at the earliest in accordance with law, C. Pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2021 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 Respondents No. 3 to 5 to provide police protection and deploy police pickets at the cost of the Petitioner for the purpose of construction and operation of the Medical Waste Treatment Facility pending the disposal of the writ petition and pass Counsel for the Petitioner: 1. DANDUGULA SATYA SIVA DARSHAN Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE The Court made the following: 3 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “....to issue any order direction or writ more particularly one in the nature of Writ of Mandamus and A.Declare the inactions of the Respondents No 3 to 5 to protect and preserve the law and order and public order in and around the site of the Petitioner firm thereby failing to facilitate smooth construction and operation of the Medical Waste Treatment Facility despite the existence of clear directions issued by the Respondent No 2 is illegal arbitrary unconstitutional and consequently direct the Respondents No 3 to 5 to immediately take all necessary measures including police protection to facilitate smooth construction and operation of the Medical Waste Treatment Facility B.Declare the actions of the Respondent No 2 in failing to ensure that his directions to the Respondent police officers to resolve all the problems of the Petitioner firm are implemented as illegal arbitrary and consequently direct the Respondent No.2 to ensure that all the problems of the Petitioner firm arising in connection with the construction of the Medical Waste Treatment Facility are resolved at the earliest in accordance with law C.Pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case…” 2. Heard Sri D.Satya Siva Darshan, learned counsel for the petitioner and Sri Md.Farooq, learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that petition may be disposed of by making the interim orders as absolute. 4. Learned Assistant Government Pleader for Home would submit the Court may pass appropriate orders. 5. For ready reference, the interim order granted by this Court on 16.06.2021 is extracted hereunder:- “In the meanwhile, there shall be an interim direction to respondents 3 to 5 to provide adequate police protection to the petitioner to carry on its trade activity without there being any obstruction from any anti social elements as alleged by the petitioner. In case of any exigency, depending on the situation, the respondent-police officials shall also take preventive measures to control the situation at the premises of the petitioner to prevent any untoward incident to take place. The petitioner shall bear necessary expenses to provide police aid as ordered by this Court. 4 6. In the light of the interim orders passed by this Court dated 16.06.2021, the Writ Petition is disposed of confirming the same as absolute. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:22.09.2025 JLV 5 572 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.11098 of 2021 Dt.22.09.2025 JLV