APHC010020962026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3524] TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM I.A.No.3 of 2026 In/and WRIT PETITION NO: 1390 of 2026 Between: 1. SIVA SAI CONSTRUCTIONS,, KUTAGULLA, KADIRI REP. BY ITS PROPRIETOR, K.V.SAI PRANEETH REDDY, S/O.K.V.RAMESH REDDY, AGED ABOUT 41 YEARS, HAVING ITS OFFICE ATKUTUGAULLA VILLAGE, KUTAGULLA, KADIRI MANDAL, SATYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP BY ITS PRINCIPAL SECRETARY, ENVIRONMENT FOREST SCIENCE AND TECHNOLOGY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 2. THE ANDHRA PRADESH POLLUTION CONTROL BOARD, DR.Y.S.PARYAVARAN BHAVAN, APIIC COLONY ROAD, GURUNANAK COLONY, VIJAYAWADA, REP., BY ITS CHAIRMAN 3. THE ANDHRA PRADESH POWER DISTRIBUTION CORPORATION LIMITED, REP., BY ITS CHAIRMAN AND MANAGING DIRECTOR, OFFICE AT TIRUCHUNOOR ROAD, TIRUPATI. 4. THE JOINT CHIEF ENVIRONMENTAL ENGINEER, KURNOOL ZONE, ANDHRA PRADESH POLLUTION CONTROL BOARD ZONAL OFFICE , KURNOOL 5. THE SUPERINTENDING ENGINEER, SRI SATYA SAI CIRCLE, PUTTAPARTHY SRI SATYA SAI DISTRICT. 6. THE ENVIRONMENTAL ENGINEER, ANANTHPUR REGION, ANDHRA PRADESH POLLUTION CONTROL BOARD REGIONAL OFFICE ANANTHAPUR. 7. THE DISTRICT MINES AND GEOLOGY OFFICER, PUTTAPARTHI, SRI SATHYA SAI 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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Orders No.ATP-1183/PCB/ZO/KNL/2025, dated 08.01.2026 directing the closure of the petitioner's Stone Crusher situated at the land in an extent of Ac.3.843 Hectare in Sy.No.908/1, 908/2 and 908/4, 913/1, 913/2 and 449 of Kutagulla Village, Kadiri Mandal, Ananthapuramu District issued by the respondent No.4 and further directing the respondent No.5 to disconnect the electricity supply for connection No.SSS1132 within 24 hours from the date of the receipt of the closure order by stating that there is no valid consent to operate without giving any notice or opportunity of hearing and eventhough the petitioner has submitted the renewal application for the consent to operate on 12.09.2025 and 17.09.2025 and the same is pending consideration as illegal, arbitrary, contrary to the principles of natural justice apart from being violative of the Fundamental and Constitutional Rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India and consequently set aside the Orders No.ATP-1183/PCB/ZO/KNL/2025, dated 08.01.2026 and further direct the respondents No.2 and 4 to renew the Consent to Operate for Stone Crusher situated at the land in an extent of Ac.3.843 Hectare in Sy.No.908/1, 908/2 and 908/4, 913/1, 913/2 and 449 of Kutagulla Village, Kadiri Mandal, Ananthapuramu District and pass IA NO: 1 OF 2026 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 pleased to suspend the operation of the Orders No.ATP- 1183/PCB/ZO/KNL/2025, dated 08.01.2026 issued by the respondent No.4 and permit the petitioner to operate the stone crusher unit at land in an extent of Ac.3.843 Hectare in Sy.No.908/1, 908/2 & 908/4, 913/1, 913/2 & 449 of Kutagulla Village, Kadiri Mandal, Ananthapuramu District, pending disposal of the above Writ Petition IA NO: 2 OF 2026 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 pleased to direct the respondent No.5 to restore electricity service connection NO.SSS1132 for the Stone Crusher unit at the land in an extent of Ac.3.843 Hectare in Sy.No.908/1, 908/2 & 908/4, 913/1, 913/2 & 449 of Kutagulla Village, Kadiri Mandal, Ananthapuramu District, pending disposal of the above Writ Petition IA NO: 3 OF 2026 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 may be permit the petitioner to withdraw the Writ Petition in W.P.NO.1390 of 2026 on the file of this Hon’ble Court, with liberty to file a fresh Writ Petition on the same cause of action and pass Counsel for the Petitioner: 1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S): 1. GP FOR FORESTS 2. GP FOR MINES AND GEOLOGY The Court made the following: THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM I.A.No.3 of 2026 In/and WRIT PETITION NO: 1390 of 2026 ORDER: (per Ravi Nath Tilhari, J) On 16.01.2026, the following order was passed: “Learned counsel for the petitioner seeks time to make necessary amendments to the writ petitioner, inasmuch as the petitioner was wrongly arrayed. 2. At his request, list the matter on 20.01.2026. 2. I.A.No.3 of 2026 has been filed to withdraw the Writ Petition with liberty to file a fresh Writ Petition, on the same cause of action, in view of mistake occurred in the array of the parties. 3. The respondents have no objection to withdraw the Writ Petition with the aforesaid liberty. 4. In view of the same, I.A.No.3 of 2026 is allowed and the Writ Petition is dismissed as withdrawn. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI,J ______________________________ MAHESWARA RAO KUNCHEAM,J Dated: 20.01.2026 SJ 166 THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM I.A.No.3 of 2026 In/and WRIT PETITION NO: 1390 of 2026 Dated: 20.01.2026 SJ