Andhra Pradesh High Court - Amravati
M/S. Hygiene Biomed Services, vs State Of Andhra Pradesh, on 18 August, 2025
S"-',
V
IN THE HIGH COURT OF ANDHRA PRADESH AT AMA^
(SPECIAL ORIGINAL JURISDICTION)
MONDAY, THE EIGHTEENTH DAY OF AUGUS^fe
TWO THOUSAND AND TWENTY FIVE
iPRESENT:
THE HONOURABLE SRI JUSTICE RAVI NATH TILHAR-
AND
THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION NO: 16280 OF 2025
Between:
M/s. Hygiene Biomed Services, 11-8-29, Jagannadham Street,
Kothapet, Vijayawada - 520001. Rep by its Proprietor, Sri Balia Durga
Prasad
Petitioner
AND
1. State of Andhra Pradesh, Department of Environment, Forest, Science
and Technology (Sec.VI), Rep. by its Special Chief Secretary,
Secretariat, Velagapudi, Amaravati, Andhra Pradesh.
2. Andhra Pradesh Pollution Control Board (APPCB), Rep. by its Member
Secretary, O/o. Paryanavarana Bhavan APIIC Colony Road
Gurunanak Colony, Auto Nagar, Vijayawada - 520007.
3. State Level Environment Impact Assessment Authority (SEIAA),Rep. by
its Member Secretary, O/o.3"'^ Floor, AP Markfed Building, APIIC Colony
Road Gurunanak Colony, Auto Nagar, Vijayawada - 520007.
4. State Level Expert Appraisal Committee (SEAC), AP Markfed Building,
APIIC Colony Road, Gurunanak Colony, Auto Nagar, Vijayawada -
520007.
5, M/s. Safe Environ Pvt Ltd, Rep. by its Director,Having its Unit 1 at
^ Sy.No 164/1 A, Dharmavarapupadu Thanda (V), Jaggaiahpet (M),
Krishna District. Having its another unit at S.No.4 A and B, Chinakakani
(V), Mafigalagiri (M), Guntur District.
6. Central Pollution Control Board, Rep. by its Member Secretary
Pafivesh Bhawan, East Arjun Nagar, Delhi-110032.
... Respondents
Petition under Article 226 of the Constitution of India is filed praying
that in the circumstances stated in the affidavit filed therewith, the High Court
may be pleased to issue a writ or order or direction more particularly in the
nature of a Writ of lUandamus to adjudge and declare the recommendation of
Respondent No.3 in 263'"^ meeting dated 30.05.2025 vide its minutes dated
03.06.2025 to issue Standard Terms of Reference (ToR) to Respondent No.5
for relocation
of its Bio-Medical Waste Treatment Facility from
Dharmavarappadu Thanda, Jaggayapeta Mandal, N.T.R District to Industrial
Development Area (IDA), Kondapalli, N.T.R. District the same as wholly
illegal, arbitrary, irrational, without jurisdiction, contrary to the Bio Medical
Waste Rules 2016 and the Revised Guidelines for Bio Medical Waste
Treatment and Disposal Facilities Management Common 2025 Environment
Protection Act, 1986, Water (Prevention and Control of Pollution) Act 1974
and Air (Prevention and Control of Pollution Act) 1981, principles of natural
justice besides being vioiative of Article 14 and 19(1)(g) of the Constitution of
India.
lA NO: 1 OF 2025
Petition under Section 151 CPC is filed praying that in the
circumstances stated in the affidavit filed in support of the petition, the High
Court may be pleased to grant an interim order directing the respondent
authorities to stay all further proceedings pursuant to recommendation of 3"'^
respondent in its minutes dated 03.06.2025 to issue standard ToR; pending
disposal of WP No. 16280 of 2025, on the file of the High Court.
Petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and the earlier order of the High Court dt
07.07.2025 & 28.07.2025 & 04.08.2025 made herein and upon hearing the
arguments of Sri CKR ASSOCIATES Advocate for the Petitioner, GP for
Environment forest for the Respondent No.1; Sri Yelisetti Somaraju, Standing
Counsel for the Respondent No.2 and Sri Meka Rahul Chowdary, Standing
Counsel for respondent no.5, and the Court made the following;
ORDER:
Sri Meka Rahul Chowdary, learned counsel for respondent No.5 submits that he has filed counter affidavit on 14.08.2025 vide USR.No.89648 of 2025 but the same is not on record.
2. Learned counsel for the petitioner submits that he has received the copy of the counter and prays for a week time to file reply affidavit.
3. Post next week.
4. In the meantime, counter affidavit be placed on record.
5. Interim order granted earlier is extended till the next date of listing.
SD/- IVf.SRINIVAS ASSISTANT REGISTRAR a/ //TRUE COPY// SECTfO^ OFFICER To,
1. One CC to SRI. CKR ASSOCIATES Advocate [OPUC]
2. One CC to Sri Yelisetti Somaraju, Standing Counsel [OPUC]
3. One CC to Sri Meka Rahul Chowdary, Standing Counsel [OPUC]
4. Two CCs to GP for FORESTS, High Court of A.P., Amaravati [OUT].
5. Two spare copies HIGH COURT RNT,J & MRK,J DATED:18.08.2025 A POST THE MATTER NEXT WEEK WP.No.16280 of 2025 INTERIM ORDER EXTENDED