APHC010583272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3603] WEDNESDAY, THE 15th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR WRIT PETITION NO: 30066/2025 Between: 1. TADI RAMA MOHAN REDDY,, S/O. RAMA CHANDRA REDDY AGED 64 YEARS, R/O.D.NO.1-171/1, JONNADA VILLAGE, ALAMURU MANDAL, DR. B. R. AMBEDKAR KONASEEMA (ERSTWHILE EAST GODAVARI) DISTRICT. 2. SATTI CHANDRA SEKHAR REDDY,, S/O.GANAPATI REDDY AGED 29 YEARS, R/O. D.NO.3-41, JONNADA VILLAGE, ALAMURU MANDAL, DR. B. R. AMBEDKAR KONASEEMA (ERSTWHILE EAST GODAVARI) DISTRICT. 3. TADI RAMA REDDY,, S/O. SAMBA REDDY, AGED 74 YEARS, R/O.D.NO.1-169, JONNADA VILLAGE, ALAMURU MANDAL, DR. B. R. AMBEDKAR KONASEEMA (ERSTWHILE EAST GODAVARI) DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF ENVIRONMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE ANDHRA PRADESH POLLUTION CONTROL BOARD APPCB, REPRESENTED BY ITS CHAIRMAN, CORPORATE OFFICE, D.NO.33-26-14 D/2, NEAR SUNRISE HOSPITAL, PUSHPA HOTEL CENTRE, CHALAMAVARI STREET KASTURIBAIPET, VIJAYAWADA - 520010 3. THE JOINT CHIEF ENVIRONMENTAL ENGINEER, A.P. POLLUTION CONTROL BOARD, ZONAL OFFICE SITUATED AT DOOR NO.39- 2 33-20/4/1, MADHAVADHARA VUDA COLONY, VISAKHAPATNAM 530018. 4. THE ENVIRONMENTAL ENGINEER, , A.P. POLLUTION CONTROL BOARD, REGIONAL OFFICE, SITUATED AT PLOT NO.2, IDA, RAMANAYYAPETA, KAKINADA-533005, KAKINADA (ERSTWHILE EAST GODAVARI) DISTRICT 5. ANDHRA PRADESH EASTERN POWER DISTRIBUTION CORPORATION LIMITED, REPRESENTED BY ITS CHAIRMAN/MANAGING DIRECTOR, VISAKHAPATNAM. 6. THE SUPERINTENDING ENGINEER OPERATIONS, A.P.E.P.D.C.L., RAJAMAHENDRAVARAM, DR. B. R. AMBEDKAR KONASEEMA (ERSTWHILE EAST GODAVARI) DISTRICT. 7. THE SUPERINTENDING ENGINEER, DEPARTMENT OF IRRIGATION, DR. B. R. AMBEDKAR KONASEEMA (ERSTWHILE EAST GODAVARI) DISTRICT. 8. THE DISTRICT INDUSTRIES, DISTRICT INDUSTRIES CENTRE. DR. B. R. AMBEDKAR KONASEEMA (ERSTWHILE EAST GODAVARI) DISTRICT AT AMALAPURAM. 9. THE DISTRICT COLLECTOR, DR. B. R. AMBEDKAR KONASEEMA (ERSTWHILE EAST GODAVARI) DISTRICT AT AMALAPURAM. 10. THE DISTRICT PANCHAYAT OFFICER, DR. B. R. AMBEDKAR KONASEEMA (ERSTWHILE EAST GODAVARI) DISTRICT AT AMALAPURAM. 11. THE REVENUE DIVISIONAL OFFICER, KOTHAPETA DR. B. R. AMBEDKAR KONASEEMA (ERSTWHILE EAST GODAVARI) DISTRICT. 12. THE MANDAL PARISHAD DEVELOPMENT OFFICER, ALAMURU MANDAL, DR. B. R. AMBEDKAR KONASEEMA (ERSTWHILE EAST GODAVARI) DISTRICT. 13. THE TAHSILDAR, ALAMURU MANDAL, DR. B. R. AMBEDKAR KONASEEMA (ERSTWHILE EAST GODAVARI) DISTRICT AT AMALAPURAM. 14. JONNADA GRAM PANCHAYAT, REP. BY ITS SECRETARY, JONNADA, ALAMURU MANDAL, DR. B. R. AMBEDKAR KONASEEMA (ERSTWHILE EAST GODAVARI) DISTRICT. 3 KONASEEMA INFRA PROJECTS, REP. BY ITS MANAGING PARTNER, 15. KONASEEMA INFRA PROJECTS, REP. BY ITS MANAGING PARTNER, SRI MALLIDI SATYANARAYANA REDDY, S/O.AMMI REDDY, HOT MIXTURE PLANT, IN SURVEY NO.478/4B1, JONNADA VILLAGE, ALAMURU MANDAL, DR. B. R. AMBEDKAR KONASEEMA (ERSTWHILE EAST GODAVARI) DISTRICT. OFFICE SITUATED AT D.NO.8-305, OPPOSITE POLICE STATION, RAVULAPALEM, DR. B. R. AMBEDKAR KONASEEMA (ERSTWHILE EAST GODAVARI) DISTRICT. 16. VIJAYALAKSHMI PROJECTS LLP, REP. BY ITS MANAGING PARTNER, SRI NERALLA NARAYANA RAO, D.NO. 18-7-14, ABC CONSTRUCTION KRISHNA NAGAR PORT COLONY, MADHURAVADA, VISAKHAPATNAM. ...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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in allowing the Respondents 15 and 16 for establishment of Hot Mix Plant in an extent of Ac.0.22 Cents covered by Survey No.478/4B1, Jonnada Village, Alamuru Mandal, Dr. B. R. Ambedkar Konaseema (erstwhile East Godavari) District, without any required permissions, without conversion of nature of land from agricultural to commercial, without considering the objections made by the petitioners and others who are having agricultural lands in Survey No.479 which are adjacent to the said land, as illegal, arbitrary, malafide and against the principles of natural justice besides violation of Articles 14, 21 and 300-A of the Constitution of India and to consequently order for closure of the said Hot Mix Plant of the unofficial respondents, in the interest of justice and to pass such IA 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 may be pleased to grant interim direction for closure of the Hot Mix Plant situated in an extent of Ac.0.22 Cents covered by Survey No.478/4B1, Jonnada Village, Alamuru Mandal, Dr. B. R. Ambedkar Konaseema (erstwhile East Godavari) District being run by the unofficial respondents 15 & 16, pending disposal of the main Writ Petition in the interest of justice and to pass such 4 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 to grant leave to the Respondent No.7 to file Counter Affidavit in W.P.No.30066 of 2025 and to pass 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 to grant leave to file counter affidavit in the above writ petition No.30066 of 2025, and to pass Counsel for the Petitioner(S): 1. K JYOTHI PRASAD Counsel for the Respondent(S): 1. GP FOR ENVIRONMENT 2. GP FOR REVENUE 3. V V SATISH (SC for APEPDCL) 4. GP FOR IRRI AND CAD 5. YELISETTI SOMARAJU STANDING COUNSEL APPCB 6. K.P.S. SAILESH REDDY The Court made the following: 5 ORDER: (Per Hon’ble Sri Justice D.Ramesh) The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus or an appropriate writ or order declaring the action of the respondents in allowing Respondents 15 and 16 for establishment of Hot Mix Plant in an extent of Ac.0.22 Cents covered by Survey No.478/4B1, Jonnada Village, Alamuru Mandal, Dr.B.R.Ambedkar Konaseema (erstwhile East Godavari) District, without any required permissions, without conversion of nature of land from agricultural to commercial, without considering the objections made by the petitioners and others who are having agricultural lands in Survey No.479 which are adjacent to the said land, as illegal, arbitrary and against the principles of natural justice besides violation of Articles 14, 21 and 300-A of the Constitution of India and consequently to order for closure of the said Hot Mix Plant of the unofficial respondents, in the interest of justice and to pass such….” 2. Heard Sri K.Jyothi Prasad, learned counsel for the petitioners and learned respective counsel for respondents. 3. The grievance of the petitioners is against the establishment of hot mixture plant by respondent no.15. A perusal of the averments and after hearing the learned counsel for the petitioners, this Court has passed interim order on 03.11.2025 which reads as follows: …In the meantime, the 3rd respondent shall consider the petitioner’s grievance vide representation dated 22.10.2025 and with due opportunity of hearing to the unofficial respondents 15 and 16 and shall take appropriate action thereof and a copy of the decision shall also be filed along with counter-affidavit.” Consequent upon the above averments, though the respondent no.2 to 4 have issued notice and visited the plant and made certain directions to respondent no.15, despite the said directions issued by respondent nos.2 to 4, without complying the same, respondent no.15 is 6 polluting the neighborhood and by virtue of the pollution, the petitioners are unable to raise the crops in their agricultural fields. 04. Learned standing counsel appearing on behalf of respondent nos.2 to 4 based on the averments made in the counter has submitted that in pursuance to the interim directions of this Court, they have visited and verified the plant. As far as norms are concerned, respondent no.15 has established within the norms prescribed by the Board. But certain directions were given to respondent no.15 based on the objections raised by the locals including the petitioners. 05. Learned counsel appearing on behalf of respondent no.15 submitted that subsequent to the directions of the Pollution Control Board, respondent no.15 complied the said directions. 06. In the said circumstances, without going into the merits of the case, the Writ Petition is disposed of directing respondent nos.2 to 4 to conduct periodical inspections with regard to the pollution and other aspects, if any further objections are raised by locals, the same may be considered by attending and taking appropriate action. No costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. __________________ JUSTICE D.RAMESH __________________________ JUSTICE ALAPATI GIRIDHAR 06.7.2026 RD 7 THE HONOURABLE SRI JUSTICE D RAMESH THE HONOURABLE SRI JUSTICE ALAPATI GIRIDHAR WRIT PETITION No.30066 of 2025 15.7.2026 RD