Andhra Pradesh High Court - Amravati
Addanki Samba Siva Rao vs The State Of Ap on 12 February, 2024
IN THE HIGH COURT OF ANDHRA PRADESH ::
[ 3455
AMARAVATI
]
(Special Original Jurisdiction)
MONDAY ,THE TWELTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE A V SESHA SAI
THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM
WRIT PETITION NO: 1154 OF 2024
Between:
1. ADDANKI SAMBA SIVA RAO, Sy.No. 1, Jammalammadka Village,
Kanigiri Mandal, Prakasam District, Andhra Pradesh, Rep. Sole
proprietor Addanki Sambasiva Rao S/o. A. Bhardachalam
...PETITIONER(S)
AND
1. THE STATE OF AP, Department of Environment, Forest, Science
and Technology,Velagapudi, Secretariat Building, Guntur District.,
Rep. by its Principal Secretary.
2. The Andhra Pradesh Pollution Control Board, , D.No. 33-26-14D/2,
Near Sunrise Hospital, Pushpa Hotel Centre, Chalamavalari Street,
Kasturibaipet, Vijayawada-520 010. Rep. by its Chairman.
3. The Environmental Engineer, Andhra Pradesh Pollution Control
Board, Regional Office, Ongole.
...RESPONDENTS
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 to issue a Writ, order or direction,
especially one in the nature of Writ of Mandamus declaring the
Lr.No.163/APPCB/RO-OGL/CT0/2024, Dt. 04.01.2024 to the extent of
demand of CTO fee of Rs.4,75,500/- under G.O.Ms No.13
dt.26.02.2021 as illegal, arbitrary and violative of Article 14 of
Constitution of India and consequently direct the Respondents to
refund the payment vide DD.No.944627 Dt.29.11.2023 on basis of
G.O.Ms.No.13 dt. 14.02.2023 only and pass
IA NO: 1 OF 2024
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 Respondent No.3 to issue
CTO on payment of fee as per G.O.Ms. No. 10 dt.14.02.2023 only
pending disposal of the above Writ Petition and pass
Counsel for the Petitioner(s): SRI. UTTARA LEGAL
Counsel for the Respondents: GP FOR FORESTS (AP)
The Court made the following:
ORDER:(per A.V. Sesha Sai, J) Heard Sri K.Sai Naveen, learned counsel for the petitioner, and Sri V.Surendra Reddy, learned Standing Counsel for the Andhra Pradesh Pollution Control Board.
2. During the course of arguments, it is brought to the notice of this Court that vide letter No.2924/M/2010 dated 11.10.2023, the Divisional Mines and Geology Officer, Markapur, Prakasam District has made the entire possession clear and, according to the same, the lessee/petitioner herein has not taken any despatch permits during the financial years from 2018-19 to 2023-24 i.e., 17.11.2017 to till date. Obviously, by that time, the Andhra Pradesh Pollution Control Board has issued a letter, dated 13.03.2023. The said letter, dated 13.03.2023, was not there on record.
3. In view of the same, this Writ Petition stands disposed of, directing the respondent authorities to verify the issue afresh, taking into consideration the letter, dated 11.10.2023, referred to supra, and pass appropriate orders ,within a period of two (02) weeks from today, without reference to the letter, dated 13.03.2023. There shall be no order as to costs.
Miscellaneous petitions, if any, pending in this case, shall stand closed.
__________________ A.V. SESHA SAI, J _______________________ SUMATHI JAGADAM, J Dated: 12.02.2024 Note: Issue C.C by 16.02.2024 B/o.
TM