1 APHC010433182026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY, THE 7th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23533/2026 Between: 1. M/S. BHASKAR FLY ASH BRICKS,, MYDUKUR (M), KADAPA DISTRICT, ANDHRA PRADESH, REPRESENTED BY ITS PROPRIETOR/AUTHORISED REPRESENTATIVE , REPRESENTED THROUGH GPA HOLDER SMT. BANDLAMUDI SRI LAKSHMI, W/O. BANDLAMUDI BASAVESWARA RAO, AGED ABOUT 43 YEARS, R/O. APACE COMMUNITY APARTMENTS, SRI RAMACHANDRA NAGAR, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. 2. M/S. SRI LAKSHMI NARAYANA FLY ASH BRICKS,, MYDUKUR (M), KADAPA DISTRICT, ANDHRA PRADESH, REPRESENTED BY ITS PROPRIETOR/AUTHORISED REPRESENTATIVE, REPRESENTED THROUGH GPA HOLDER SMT. BANDLAMUDI SRI LAKSHMI. 3. M/S. A.V.R. FLY ASH BRICKS,, C.K. DINNE, KADAPA DISTRICT, ANDHRA PRADESH, REPRESENTED BY ITS PROPRIETOR/AUTHORISED REPRESENTATIVE , REPRESENTED THROUGH GPA HOLDER SMT. BANDLAMUDI SRI LAKSHMI. 4. M/S. VEERANJANEYA FLY ASH BRICKS,, GOPAVARAM, KADAPA DISTRICT, ANDHRA PRADESH, REPRESENTED BY ITS PROPRIETOR/AUTHORISED REPRESENTATIVE, REPRESENTED THROUGH GPA HOLDER SMT. BANDLAMUDI SRI LAKSHMI. 5. M/S. B. SANJEEVA REDDY AND CO. FLY ASH BRICKS INDUSTRY,, SINGANAMALA, ANANTAPUR DISTRICT, ANDHRA PRADESH, REPRESENTED BY ITS PROPRIETOR/AUTHORISED REPRESENTATIVE, REPRESENTED THROUGH GPA HOLDER SMT. BANDLAMUDI SRI LAKSHMI. 6. M/S. SRI VENKATA SAI FLY ASH BRICKS,, POTLADURTHI, KADAPA DISTRICT, ANDHRA PRADESH, REPRESENTED BY ITS PROPRIETOR/AUTHORISED REPRESENTATIVE, REPRESENTED 2 THROUGH GPA HOLDER SMT. BANDLAMUDI SRI LAKSHMI. 7. FORTUNATE AAC BLOCK,, PUTNAM PALLI YSR DISTRICT, KADAPA, REPRESENTED BY ITS PROPRIETOR/AUTHORISED REPRESENTATIVE, REPRESENTED THROUGH GPA HOLDER SMT. BANDLAMUDI SRI LAKSHMI. 8. SREENIVASA FLYASH BRICKS,, GANNEVARIPALLI VILLAGE, TADIPATHRI, ANANTHAPUR, ANDHRA PRADESH, REPRESENTED BY ITS PROPRIETOR/AUTHORISED REPRESENTATIVE, REPRESENTED THROUGH GPA HOLDER SMT. BANDLAMUDI SRI LAKSHMI. 9. SHANMUKA FLYASH BRICK INDUSTRY,, MARELLAMEDAKA, CHAKRAYAPETA, KADAPA, ANDHRA PRADESH, REPRESENTED BY ITS PROPRIETOR/AUTHORISED REPRESENTATIVE, REPRESENTED THROUGH GPA HOLDER SMT. BANDLAMUDI SRI LAKSHMI. 10. S.M. BASHA BRICKS,, BUTTULURUPADU VILLAGE, BANAGANAPALLE MANDAL, NANDYAL, REPRESENTED BY ITS PROPRIETOR/AUTHORISED REPRESENTATIVE , REPRESENTED THROUGH GPA HOLDER SMT. BANDLAMUDI SRI LAKSHMI. 11. GURRAPPA SWAMY FLYASH BRICKS,, PONNATOTA VILLAGE, JAMMALAMADUGU, YSR KADAPA, REPRESENTED BY ITS PROPRIETOR/AUTHORISED REPRESENTATIVE, REPRESENTED THROUGH GPA HOLDER SMT. BANDLAMUDI SRI LAKSHMI. 12. ARN FLY ASH BRICKS,, JAMMALAMADUGU, YSR KADAPA DISTRICT, REPRESENTED BY ITS PROPRIETOR/AUTHORISED REPRESENTATIVE, REPRESENTED THROUGH GPA HOLDER SMT. BANDLAMUDI SRI LAKSHMI ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, , REPRESENTED BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2. THE MANAGING DIRECTOR, ANDHRA PRADESH POWER GENERATION CORPORATION LIMITED (APGENCO), VIDYUT SOUDHA, GUNADALA, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH. 3. THE CHIEF ENGINEER O AND M, SRI DAMODARAM SANJEEVAIAH 3 THERMAL POWER STATION, APGENCO, NELATURU (VILLAGE), MUTHUKUR (MANDAL), SPSR NELLORE DISTRICT, ANDHRA PRADESH - 524344. 4. THE SUPERINTENDING ENGINEER ADM AND MM SAILO, , SRI DAMODARAM SANJEEVAIAH THERMAL POWER STATION, APGENCO, NELATURU, MUTHUKUR MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH - 524344. 5. THE ADDITIONAL ENGINEER TECHNICAL SAILO, SRI DAMODARAM SANJEEVAIAH THERMAL POWER STATION, APGENCO, NELATURU, MUTHUKUR MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH - 524344. 6. THE DIVISIONAL ENGINEER/TECHNICAL SAILO, SANJEEVAIAH THERMAL POWER STATION, APGENCO, NELATURU, MUTHUKUR MANDAL, SPSR NELLORE DISTRICT, ANDHRA PRADESH - 524344. SRI DAMODARAM 7. THE CHIEF ENGINEER 0 AND M, RAYALASEEMA THERMAL POWER PROJECT. ( RTPP)YERRAGUNTLA MANDALAM KADAPA,YSR DISTRICT, ANDHRA PRADESH- 516312. 8. PAYROLL SECTION OFFICE 2 JUNIOR ASSISTANT TPP IN RTPP, , O AND M, RAYALASEEMA THERMAL POWER PROJECT, KADAPA, ANDHRA PRADESH- 516312. ...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 of mandamus or any other appropriate writ, order or direction declaring the action of the respondents, particularly respondents 2 to 7, in failing to supply/allocate the fly ash to the petitioner firms in terms of their allotment/approval from Sri Damodaram Sanjeevaiah Thermal Power Station, Nelaturu, Nellore by following the fair, transparent and non-discriminatory procedure prescribed under the Revised Guidelines of the Ministry of Power, Government of India, as arbitrary, illegal, discriminatory and violative of Articles 14 and 19(1)(g) of the Constitution of India, and consequently direct the respondents to allotment/approval made in favour of the petitioner firms and ensure supply of the allotted quantity of free fly ash for manufacture of fly ash bricks 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 4 prayed consider the petitioner representations dated 10-07-2026 & 28- 07/2026 direct 1st and 2nd respondents to take necessary action against the 3rd and 8th respondents through viscilence enquiry and direct 3rd and 7th respondents to supply Fly Ash from sailo to the petitioner through the bulkers regularly to the above mentioned 12 firms until further orders. Counsel for the Petitioner(S): 1. G HARAGOPAL Counsel for the Respondent(S): 1. GP FOR ENERGY 2. K.KRISHNABUSHAN CHOWDARY SC For APGENCO The Court made the following: 5 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23533 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the action of the respondents, particularly respondents 2 to 7, in failing to supply/allocate the fly ash to the petitioner firms in terms of their allotment/approval from Sri Damodaram Sanjeevaiah Thermal Power Station, Nelaturu, Nellore by following the fair, transparent and non- discriminatory procedure prescribed under the Revised Guidelines of the Ministry of Power, Government of India, as arbitrary, illegal, discriminatory and violative of Articles 14 and 19(1)(g) of the Constitution of India and consequently direct the respondents to allotment/approval made in favour of the petitioner firms and ensure supply of the allotted quantity of free fly ash for manufacture of fly ash bricks and pass such other order or orders….” 2. Heard learned counsel for the petitioners and Sri Krishna Bhushan Chowdary, learned Standing Counsel for respondent Nos. 2 to 8. 3. The case of the petitioners is that the petitioners herein are Brick Manufacturing firms 12 in number filed the present Writ Petition seeking Writ of Mandamus against the respondent No.3 herein, who granted permission for lifting of fly ash to the extent of 40 metric tons each vide order dated 10.07.2026. Whereas, but for the reasons best known to the respondents, the petitioners were permitted to lift the fly ash as approved by the respondent No.3 herein vide letter dated on 28.07.2026 which is a temporary permission 6 for a period of approximately 2 months. Hence, prayed for Writ of Mandamus for direction to the respondents. 4. On the other hand, learned Standing Counsel for the respondent Nos.2 to 8 submits that the approval/permission for lifting of fly ash of 40 metric tons was granted in respect 8 Firms only. But mischievously, the petitioners herein, who are 12 in number filed the present Writ Petition contrary to the approvals issued by the respondent authorities. He further submits that even in the representations attached to the Writ Petition, the petitioners are trying to mislead this Court by seeking for grant of permission for lifting of fly ash for a period of 3 years rather than 2 months in respect of 12 Firms, whereas, approval was granted in respect of 8 firms only. Therefore, since the petitioners are trying to mislead this Court by way of representations which were attached to the Writ Petition, the petitioners herein are not fair enough before this Court are not entitled for any relief. 5. Considering the submissions made by the both counsels and on perusal of the material placed on record, the representations submitted by the petitioners reveals that they requested for grant of permission to lift the fly ash for a period of 3 years i.e., from 16.04.2026 to 16.05.2029, wherein, it is also stated that the respondent No.3 already granted approval. But whereas the approval granted respondent No.3 is only for a period of 2 months i.e., from 28.07.2026 to 30.09.2026 by way of temporary permission. Therefore, the representations filed along with the Writ Petition are contrary to the facts and approval/permission granted by the respondent No.3. However, in the 7 representations, they can seek for permission even for 3 years also, so the same cannot be construed that the representations are filed to mislead this Court for getting an order for a period of three years. Be that as it may, since the respondent No.3 herein already granted approval/permission in favour of the 8 firms only, those 8 firms are entitled to be permitted to lift the fly ash as per the terms of the approval of 3rd respondent on 28.07.2026. The said 8 firms, who were granted permission/approval for lifting of fly ash by the respondent No.3 are as follows: 1. M/s.AVR FLY ASH BRICKS, YSR District-516003-A.P. 2. M/s. SREE VENKATA SAI FLY ASH BRICKS, Yerraguntla, Kadapa District. 3. M/s. FORTUNATE AAC BLOCK, Putlampalli, YSR District. 4. M/s.SREENIVASA FLY ASH BRICKS, Tadipatri (M), Anantapur District. 5. M/s. Shanmuka Fly Ash Brick Industry, Chakrayapeta (M), YSR Kadapa District. 6. M/s.S.M.Basha Bricks, Banaganapalle (M), Nandyal District. 7. M/s. GURRAPPA Swamy fly ash Bricks, Jammalamadugu, YSR Kadapa District. 8. M/s.ARN FLY ASH BRICKS, Jammalamadugu, YSR District- 516003-A.P. 6. Therefore, the respondent Nos.3 to 7 are hereby directed to allow the aforesaid 8 petitioner-Firms to lift the fly ash with immediate effect, till 8 30.09.2026 without there being any hindrance or interference by all the respondents. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J 07.09.2026 BSP/SKB 9 34 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23533/2026 07.09.2026 BSP/SKB