APHC010565432025 IN THE HIGH COURT OF ANDHRA PRADESH AT ANTARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29279 OF 2025 i Between; 1. Vijaya Lakshmi Projects LLP, 18-7-14, ABC Construction, Krishna Nagar Port Colony, Mahurawada, Visakhapatnam, Andhra Pradesh, Rep by its Managing Partner Mr. Neralla Narayana Rao. 2. Konaseema Infra Projects, D.No.8-305, opposite Police station, Ravulapalem, Dr BR Ambedkar Konaseema District, Andhra Pradesh. Rep by its Managing Partner Mr. Mallidi Satyanarayana Reddy ...Petitioners AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Panchayat and Rural Development Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Dr BR Ambedkar Konaseema District. 3. The Revenue Divisional officer, Kothapeta Division, Dr BR Ambedkar Konaseema District. 4. The Tahsildar, Alamuru Mandal, Dr BR Ambedkar Konaseema District. 5. The Mandal Parishad Development officer, Alamuru Mandal, Dr BR Ambedkar Konaseema District 6. The Panchayat Secretary, Jonnada Village, Alamuru Mandal, Dr BR Ambedkar Konaseema District. ...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 pleased to issue a writ, order or direction more particularly one in the nature of the WRIT OF MANDAMUS declaring the action of the Respondent No.6 in issuing the Closure of Unit/Plaht Notices dated 29.09.2025, 06.10.2025 and the consequential proceedings vide Rc.No.01/25 dated 18.10.2025 in respect of the unit situated in an extent of Ac.0.22 cents in Jonnada Village, Alamuru Mandal, Dr. B.R.Sy.No.478/4B1 Ambedkar Konaseema District, as being wholly without jurisdiction, arbitrary, illegal, unjust and contrary to the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 besides violative of Article 14, 21 and 300A of the constitution of India and consequently set aside the Closure of Unit/Plant Notices dated 29.09.2025 and 06.10.2025 and the proceedings vide Rc.No.01/25 dated 18.10.2025 issued by the 6 Respondent, and further direct the Respondents not to interfere operations of the Petitioners unit. th in the lA NO: 1 OF 2025 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 Closure of Unit/Plant Notices dated 29.09.2025 and 06.10.2026 and the proceedings vide Rc.No.01/25 dated 18.10.2025 issued by the 6 Respondent. th lA NO: 2 OF 2025 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 not to interfere in the operations of the Petitioners unit in an extent of Ac.0.22 cents in Sy.No.478/4B1, Jonnada Village, Alamuru Mandal, Dr.B.R. Ambedkar Konaseema District. , Counsel for the Petitioners: SRI K.P.S. SAILESH REDDY Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents No.2 to 5: GP FOR REVENUE Counsel for the Respondent No.6: SRI Y KOTESWARA RAO The Court made the following order: APHC010565432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29279/2025 Between: 1.VIJAYA LAKSHMI PROJECTS LLP, 18-7-14, ABC CONSTRUCTION, KRISHNA NAGAR PORT COLONY, MAHURAWADA, VISAKHAPATNAM, ANDHRA PRADESH. REP BY ITS MANAGING PARTNER MR. NERALLA NARAYANA RAO. 2.KONASEEMA INFRA PROJECTS, D.NO.8-305, OPPOSITE POLICE STATION, RAVULAPALEM, DR BR AMBEDKAR KONASEEMA DISTRICT, ANDHRA PRADESH REP BY ITS MANAGING PARTNER MR. MALLIDI SATYANARAYANA REDDY ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PANCHAYAT AND RURAL SECRETARIAT, VELAGAPUDI, PRINCIPAL SECRETARY, DEVELOPMENT DEPARTMENT AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, DR BR AMBEDKAR KONASEEMA DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, KOTHAPETA DIVISION, DR BR AMBEDKAR KONASEEMA DISTRICT. 4.THE TAHSILDAR, ALAMURU MANDAL, DR BR AMBEDKAR KONASEEMA DISTRICT. 5.THE MANDAL PARISHAD DEVELOPMENT OFFICER, ALAMURU MANDAL, DR BR AMBEDKAR KONASEEMA DISTRICT 6.THE PANCHAYAT SECRETARY, JONNADA VILLAGE, ALAMURU MANDAL, DR BR AMBEDKAR KONASEEMA DISTRICT. ...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 to issue a writ, order or direction more particularly one in the nature of the WRIT OF MANDAMUS declaring the action of the Respondent No.6 in issuing the Closure of Unit/Plant Notices dated 29.09.2025, 06.10.2025 and the consequential proceedings vide Rc.No.01/25 dated 18.10.2025 in respect of the unit situated in an extent of Ac.0.22 cents in Sy.No.478/4B1, Jonnada Mandal Dr.B.R. Ambedkar Konaseema District, as being Village, Alamuru wholly without jurisdiction, arbitrary, illegal, unjust and contrary to the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 besides violative of Article 14, 21 and 300A of the constitution of India and consequently set aside the Closure of Unit/Plant Notices dated 29.09.2025 and 06.10.2025 and the proceedings vide Rc.No.01/25 dated 18.10.2025 issued by the 6 Respondent, and further direct the Respondents not to interfere in the operations of the Petitioners’ unit and pass lA NO: 1 OF 2025 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 of Unit/Plant Notices dated 29.09.2025 and SUSPEND the Closure 06.10.2026 and the proceedings vide Rc.No.01/25 dated 18.10.2025 issued by the 6th Respondent and'pass lA NO: 2 OF 2025 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 not to interfere in the operations of the Petitioners unit in an extent of Ac.0.22 cents in Sy.No.478/4B1, Jonnada Village, Alamuru Mandal, Dr. B.R. Ambedkar Konaseema District and pass Counsel for the Petitioner(S): I.K.P.S. SAILESH REDDY 3 Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE The Court made the following: 4 I: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:29279/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking fdllowing relief: ‘to issue a writ, order or direction more particularly one in the nature of the WRIT OF MANDAMUS declaring the action of the Respondent No. 6 in issuing the Closure of Unit/Plant Notices dated 29.09.2025, 06.10.2025 and the consequential proceedings vide Rc. No. 01/25 dated 18.10.2025 in respect of the unit situated in an extent of Ac.0.22 cents in Sy.No.478/4B1, Jonnada Village, Alamuru Mandal, Dr. B.R. Ambedkar Konaseema District, as being wholly without jurisdiction, arbitrary, illegal, unjust and contrary to the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 besides violative of Article 14, 21 and 300A of the constitution of India and consequently set aside the Closure of Unit/Plant Notices dated 29.09.2025 and 06.10.2025 and the proceedings vide Rc.No.01/25 dated 18.10.2025 issued by the 6th Respondent, and further direct the Respondents not to interfere in the operations of the Petitioners’ unit and pass such other order or orders...” 2. Heard learned counsel for the petitioners and learned Government Pleader for the'respondents. Learned counsel for the petitioners submits that the 2"'* petitioner had established a hot mix plant in an extent of Ac.0.22 cents in Sy.No.478/4B1 of Jonnada Village, Alamuru Mandal, Dr.B.R.Ambedkar Konaseema District and 3. 5 the said plant was leased out to the 1®' petitioner under lease deed dated 01.08.2025. Whereas the said plant was erected after having due permission from the Gram Panchayat on 21.01.2023 and also consent from the Pollution Control Board dated 26.09.2025. Pursuant to the permission as well as the consent granted by the Andhra Pradesh Pollution Control Board, the petitioners have been running the plant. While so, without issuing any prior notice or show cause notice, the 6‘^ respondent/Gram Panchayat keep issuing notices one after another, directing the petitioners either to stop the operation of the hot mix plant or to remove the same, on the ground that the petitioners neither obtained any requisite permissions nor submitted copies of such permissions to the Gram Panchayat. He further submits that the subject notices were issued without jurisdiction and also contrary to the principles of natural justice. Therefore, without issuing any prior notice calling for explanation of the petitioners and without providing any opportunity of hearing to them, straight away directed them to stop the operation of plant which is contrary to law as well as principles of natural justice. on 4. On the other hand learned Standing Counsel for the 6*'' respondent/Gram Panchayat submits that the subject notices were issued the petitioners failed to submit copies of permissions and approvals which required to run such a plant, and also as the plant is causing nuisance and pollution and thereby affecting public health and causing damage to the crops surrounding agricultural lands. as are 6 Si.-. f On perusal of the notices issued by the 6"" respondent/Gram Panchayat dated 29.09.2025 and 06.10.2025, it is evident that the subject notices were 5. issued, without there being any prior notice calling for explanation or providing opportunity of hearing to the petitioners and came to conclusion that the subject plant is causing nuisance and causing pollution, which affecting public health as well as agricultural fields in and around the plant. Further, the subject notices do not indicate as to under which provision, the Gram Panchayat is empowered to do so. Further, a perusal of the record reveals that the petitioners herein obtained permission for the construction of the said plant from the Gram Panchayat and also obtained consent from the Andhra Pradesh Pollution Control Board. The Gram Panchayat did not state anywhere in its notices, indicating that what are other permissions are required apart from building permission as well as pollution clearance approval or consent for running subject hot mix plant. Even assuming that the subject plant is causing pollution or nuisance affecting public health, the Gram Panchayat shall adhere to the principles of natural justice as well as due process as required. If there is any complaint regarding pollution/nuisance being caused by the subject plant contrary to the conditions of the consent issued by the Pollution Control Board, the Gram Panchayat is under mandatory obligation to get a clarification or opinion from the Andhra Pradesh Pollution Control Board as to whether the said pollution is causing damage or loss to public health as well as agricultural crops in and around the plant. If it is found pollution or nuisance, it can take 6. 7 necessary action by following due procedure more particularly, under Section 122 of the Act. 1994. as contemplated under law, Andhra Pradesh Panchayat Raj 7. In view of the discussion stated above impugned notices issued by the Gram 06.10.2025 are hereby set aside. Panchayat is empowered to this writ petition is allowed. The Panchayat dated 29.09.2025 It is, however, observed that the and Gram proceed further under Section 122 of the Andhra to the principles of natural Pradesh Panchayat Raj Act, 1994, by duly adhering justice as well as the due procedure contemplated under law. Consequently, Miscellaneous petition shall stand closed. There shall be Petitions, if any, pending in the writ no order as to costs. Sd/- P VINOD KUMAR DEPUTY REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The Principal Secretary, State of Andhra Pradesh, Panchayat and Rural Development Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Dr BR Ambedkar Konaseema District. 3. The Revenue Divisional officer, Kothapeta Division, Dr BR Ambedkar Konaseema District. 4. The Tahsildar, Alamuru Mandal. Dr BR Ambedkar Konaseema District. 5. The Mandal Parishad Development officer, Alamuru Mandal, Dr BR Ambedkar Konaseema District 6. The Panchayat Secretary, Jonnada Village, Alamuru Mandal, Dr BR Ambedkar Konaseema District. 7. One CC to SRI K.P.S. SAILESH REDDY Advocate [OPUC] 8. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV High Court of Andhra Pradesh [OUT] 9. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 10. Two CD Copies gsg HIGH COURT DATED;23/10/2025 ORDER WP NO. 29279 OF 2025 a 2 9 OCT 2025 Kt VSiiirrent S«ctifitXi5 .o»' ALLOWING THE WP WITHOUT COSTS