Andhra Pradesh High Court - Amravati
Pemmadisuribabu vs The State Of Andhra Pradesh on 28 August, 2020
Author: Jitendra Kumar Maheshwari
Bench: Jitendra Kumar Maheshwari
[3225] IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI- (Special Original Jurisdiction) FRIDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY _ PRESENT: THE HONOURABLE THE CHIEF JUSTICE SRI.JITENDRA KUMAR MAHESHWARI AND THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI WP (PIL) NO: 105 OF 2020 Between: Pemmadi Suribabu, S/o Satyanarayana, Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Revenue Department, Secretariat, Tulluru, Velagapudi, Guntur District 2. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Muncipal Administration and Urban Development Authority, Secretariat, Tulluru, Velagapudi, Guntur District The Commissioner of Fisheries, Bandar Road, Poranki Vijayawada - 521137, Krishna District Andhra Pradesh The Joint Director of Fisheries, State Institute of Fisheries Technology, Jaganaikpur, Kakinada - 533002 East Godavari District, Andhra Pradesh The Directorate of Ports, Rep by its Director Beach Road, Kakinada-533007 East Godavari District, Andhra Pradesh Andhra Pradesh Coastal Management Authority Ministry of Environment Forest and-Climate Change, Rep by its Member Secretary, D.No.33-26-14 D/2, Near suntise Hospital, Chalamavari Street, Kasturibaipet, Vijayawada-520010, Andhra © radesh | " 7. A.P. Pollution Control Board, Rep by its Environmental Engineer Regional Office, H.No.2-532 Santhi Nagar, Near DIC office, Ramanayapeta, Kakinada - 533 005 8. The District Forest Officer, Near Collector bungalow, Bhanugudi Junction East Godavari District, Kakinada-533003, Andhra Pradesh 9. The District Collector R R Road,, Kakinada-533001 East Godavari District, Andhra Pradesh 10. The Commissioner, Kakinada Municipal Corporation, Kakinada, East Godavari District, Andhra Pradesh '1. The Tahasildhar, Kakinada Urban Kakinada, East Godavari District, Andhra ~ Pradesh. . oO a FF & Respondents Petition. under article 226 of the Constitution of India praying that in the circumstances stated in the affidavit field herein, the High Court may be pleased to issue an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents in permitting the construction by uprooting the Mangrove trees and filling the creeks fer construction of houses in T.S. No's 2004, 1985/3, 1990, 374, 376, 387 at Dummulapeta, Suryaraopeta, Kakinada, which is Coastal Regulation Zone/High tidal area abutting the sea shore, especially when the entire globe is grappled with the deadly virus i.e. pandemic Covid-19, as being arbitrary, illegal and violative of Articles 14, 19 and 300-A of the Constitution of India besides in contraventions of the guidelines framed to control Covid-19 pandemic by the World Health Organization and consequently direct the Respondents not to uproot the Mangrove trees and not to fill the creeks for construction of houses in T.S. No's 2004, 1985/3, 1990, 374, 376, 387 at Dummulapeta, Suryaraopeta, Kakinada pending Writ Petition, and issue such other Writ or order or direction as deemed lit and proper in the circumstances of case. 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 direct the Respondents to not to uproot the Mangrove trees and not to fill the creeks for construction of houses in T.S. No's 2004, 1985/3, 1990, 374, 376, 387 at Dummulapeta, Suryaraopeta, Kakinada, pending disposal of WP(PIL) 105 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and order of the High Court dated 27-04-2020, 04-05-2020, 11.05.2020, 22.05.2020, 27.07.2020, 04-08-2020 & 21.08.2020 made herein and upon hearing the arguments of Sri Prasada Rao Pamula Advocate for the Petitioner, Sri C. Sumon, Special GP for the Respondent Nos.1,2,4 & 9 and of Sri M. Manohar Reddy, Standing Counsel for Respondent No.10, the Court made the following ORDER:
(Through Video Conferencing) List this petition along with W.P. (PIL) No. 218 of 2020 for analogous hearing.
Interim order passed. earlier shall remain in operation till the next date of listing.
To SRL NOOR wha Sd-K. TATARAO ASSISTANT REGISTRAR Co . ITTRUE COPY// ye . FOR ASSISTANT REGISTRAR One CC to Sri Prasada Rao Pamula, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Municipal Administration, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Fisheries, High Court of Andhra Pradesh. [OUT] Two CC to.GP for Pollution Control Board, High Court of Andhra Pradesh (OUT) Two CC to Sri C. Sumon, Special GP, High Court of Andhra Pradesh (OUT) Two spare copies. :
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& HIGH COURT HCJ & LKJ DATED: 28-08-2020 NOTE: LIST THIS PETITION ALONG WITH W.P. (PIL) NO. 218 OF 2020 FOR ANALOGOUS HEARING. ORDER WP.(PIL).No.105 of 2020 EXTENSION OF EARLIER INTERIM ORDER