■A IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5532 OF 2025 Between: Sriven Bricks and Infra firm, Rep by its sole proprietor Sreekanth Yella, S/o. Yella Srinivasulu, Aged about 40 years, R/o. 7-15, Mixed Colony, Behind Z.P High School, Kovur, SPSR Nellore District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary Panchayat Raj and Rural Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. The District Panchayat officer, Nellore, SPSR Nellore District. The District Collector, Nellore, SPSR Nellore District. The Pandugupadu Gram Panchayat, Rep. by its Panchayat Secretary, Pandugupadu Village, Kovur Mandal, SPSR Nellore District. SK Kalesha, S/o Masth an Saheb, aged 64 years, R/o. D No 4/169, Bypass road Padugupadu Village, Kovuru Mandal SPSR Nellore District. 2. 3. 4. 5. ...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 OF MANDAMUS or any other appropriate writ, order or direction declaring the action of the respondents more particularly 4**^ Respondent in issuing proceedings vide R.O.C No 01/2024-25 dated 15.02.2025 directing the petitioner to close his Cellular Lightweight Concrete (CLC) bricks Plant within seven days situated with an extent of 470 ankanams comprised in Sy.no 187/2 and 8/3-11 Katamreddy Nagar, Podudgupadu, Kovur Mandal, SPSR Nellore District in contravention of the principles of natural justice and without following due process of law as , illegal, arbitrary and violative of Art. 14,19 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with the functioning of the Petitioner Cellular Lightweight Concrete (CLC) bricks Plant situated with an extent of 470 ankanams comprised in Sy.no 187/2 and 8/3-11 Katamreddy Nagar, Podudgupadu, Kovur Mandal, SPSR Nellore District without following due process of law. k lA NO: 1 OF 2025 Petition under Section 151 CPC 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 respondents not to interfere with the functioning of the Petitioner Cellular Lightweight Concrete (CLC) bricks Plant situated with an extent of 470 ankanams comprised in Sy.no 187/2 and 8/3-il Katamreddy Nagar, Podudgupadu, Kovur Mandal, SPSR Nellore District without following due process of law, pending disposal of the main Writ Petition. Counsel for the Petitioner; SRI SIVAPRASAD REDDY VENATI Counsel for the Respondent Nos.1 & 2 : SRI P. RAJESH KUAMR, ASST.GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent No.3 : SRI T. SANJEEVA RAO, ASST.GP FOR REVENUE Counsel for the Respondent No.4 : SRI Y. KOTESWARA RAO SC FOR GRAM PANCHAYAT Counsel for the Respondent No.5 : SRI V. ESWARAIAH CHOWDARY The Court made the following: ORDER 1 I APHC010104922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY ,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5532/2025 Between: 1.SRIVEN BRICKS AND INFRA FIRM, REP BY ITS SOLE PROPRIETOR SREEKANTH YELLA S/0 YELLA SRINIVASULU. AGED ABOUT 40 YEARS, R/0 7-15, MIXED COLONY, BEHIND Z.P HIGH SCHOOL, KOVUR, SPSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY PANCHAYAT RAJ AND RURAL DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT PANCHAYAT OFFICER, NELLORE, SPSR NELLORE DISTRICT. 3.THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 4.THE PANDUGUPADU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, PANDUGUPADU VILLAGE, KOVUR MANDAL, SPSR NELLORE DISTRICT 5.SK KALESHA, S/0 MASTH AN SAHEB, AGED 64 YEARS R/0 D NO 4/169, BYPASS ROAD PADUGUPADU VILLAGE, KOVURU MANDAL SPSR NELLORE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.SIVAPRASAD REDDY VENATI Counsel for the Respondent(S)T ^ 2 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE 3.V ESWARAIAH CHOWDARY The Court made the following: ORAL ORDER: Heard Sri Sivaprasad Reddy Venkati, learned Counsel for the Writ Petitioner, Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj appearing for the Respondent Nos.1 & 2, Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue appearing for the Respondent No.3, Sri Y Koteswara Rao, learned Standing Counsel for the Respondent No.4 and Sri V Eswaraiah Chowdary, learned Counsel for the Respondent No.5. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the impugned Order dated 15.02.2025 (Ex.P.1). Learned Counsel has also submitted across the table an Order passed by this Court in W.P.No. 18904 of 2024. It appears from the said Order that the present Writ Petitioner has filed W.P.No. 18904 of 2024 wherein, the learned Single Judge of this Court was pleased to dispose of the said Writ Petition with certain directions. 2. 3. Learned Counsel for the Writ Petitioner has also drawn the attention of this Court to the Affidavit of Undertaking filed by the Writ Petitioner that the Writ Petitioner would stop the brick making process by the end of June, 2025 and that the place of manufacturing would be shifted to a different location. The said Affidavit is filed as Ex.P.7. The same is accepted and taken on record. The impugned Order would indicate that the Writ Petitioner directed to shift the bricking making industry to a different location in view of the fact that the fly ash emanating out of th^ said industry is polluting the nearby residential areas. was 3 Eswaraiah Chowdary, learned Counsel for the Respondent No.5 would submit that the Respondent No.5 is the neighbor of the Writ Petitioner and that the dust emanating from the Petitioner’s premises is causing inconvenience to the Unofficial Respondent No.5. 4. Sri V. 5. Having regard to the above facts, this Court deems it appropriate to at the admission stage, by accepting the Affidavit filed allow this Writ Petition by the Writ Petitioner (Ex.P.7), with further directions, as under; There shall be a direction to the Writ Petitioner to keep the area under moist condition to ensure that the fly ash dust does not 1. raise; Even if it is covered by any cloth or sheet, there shall be a direction that the underneath of the cloth/sheet shall still be moisturised; The Writ Petitioner shall shift the entire equipment on or before 30.06.2025 ‘lock, stock and barrel’ and report the same to the Official Respondent Nos.2 to 4; and. In view of the above directions, the Writ Petitioner shall now be with the brick making activity, by IV. permitted to carry on scrupulously following the above directions. the above observations and directions, this Writ Petition stands allowed. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of th^ order. Sd/- U.SRI DEVI ASSISTANT REGISTRAR 6. With //TRUE COPY// / ePFICER SE To 1. The Principal Secretary Panchayat Raj and Rural Department, State of Andhra Pradesh, AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Panchayat officer, Nellore, SPSR Nellore District. 3. The District Collector, Nellore, SPSR Nellore District. A 4. The Panchayat Secretary, Pandugupadu Gram Panchayat Pandugupadu Village, Kovur Mandal, SPSR Nellore District. 5. One CC to Sri Sivaprasad Reddy Venati, Advocate [OPUC] 6. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. One CC to Sri Y. Koteswara Rao, SC for Gram Panchayat (OPUC) 9. One CC to Sri V. Eswaraiah Chowdary, Advoate (OPUC) 10.Three C.D. Copies. Cnr HIGH COURT DATED:05/03/2025 ANOH^ g 0 5 MAR 2075 Current Section ^^^^SPATCVttS-''^ ORDER WP.No.5532 Of 2025 m ALLOWING THE W.P. WITHOUT COSTS