Andhra Pradesh High Court - Amravati
Pearl Polymers, vs Union Of India, on 8 August, 2022
| 3363)
(SHOW CAUSE NOTICE BEFORE ADMISSION) 0
IN THE HEGH COURT OF ANDRRA PRADESH AT AMARAVAT!
{Special Griginal Jurisdiction} "~
MONDAY, THE EIGHTH DAY OF AUGUST~
TWO THOUSAND AND TWENTY TWO 7
PRESENT:
TNE HONOURABLE SRI JUSTICE A V SESHA SAI~
AND
THE HONOURABLE SRI JUSTICE V SRINIVAS -
WRIT PETITION NO: 24672 OF 2022
Setween: a
4. Pearl Polymers, Rep. by its Propneter Medarametia Rama Mohan, S/o.
Chalapathi Rac, aged about 53 years, Flot No. 24, APIO, Sullanabad, Tenall,
"Guntur DNetrict, AP.
Sri Venkeleswara Polymers, Reo. by fis Managing Partner, Ko sppiseth
Ramanjanayulu, Sfo. Veera Swami, aged about 60 years, Blet No, 2-90, L.
Agraharam Vilage, Tacepsiligudem Mandal, West Godavari District, AP.
Krishna Polymers, Rep. by its Managing Partner, Jami Sudheer Syam Kumar,
Sio. Rarnana Murthy, aged about 32 years, D. No. 6-45/¢, Morampucl, Sal Baba
Puntha Road, Rajahmundry, Fast Godavert CHatrict, AP.
4 Gri Adidakshrni Polymers, Rep. by is Prapri fetor, Dogiparthy Naga Charncra
Seshar, S/o. Subrahmanyan, "paed about 44 years, D. No. 58/2, 3. Dindipalam
Road, Ma feapadu Vilage, Tenall Marcdal, Guntur District, AP.
& Virus Polymers, Rep. by Hs Proprietor, Mutha Anasuryamma, WWio. Pitchaiah,
aged about St years, Survey No. 452/23, Karlapadu Do Inks Road, Janapeada,
Piduguraiia, Painadu District, AP.
be
£43
aft
Petitioners
AND
1. Union of India, Minisiry of Environment, Forest and Climate Change, Rep. by the
Secretary, Indira Paryavaran Shawan, Jorbagh Road, New Deihi, india
S. Certral Pollution Control Soard, Rep. by the Chairman, Parivesh Bhawan, Eas!
Ariun Nagar, New Dethi, india
a. The State of Anghra Pradesh, Rep. by its Soecial Chief Secretary, Environment,
Forest, Science and Technology Department, AP. Secretariat, Velaganucl>
Guntur District,
4. AP. Pollution Control Soard, Rep. by the Member Secrefary, Dv No. 33-26-74 >
Sve, Near Sunrise Hespital, Pushpa Hote! Centre, Chalamslavari Streat,
Xasturibainel, Vieyawada, NTR District, Andhra Pradesh.
Reapondanis
WHEREAS the Feldiane tS above named through their Advocais
SRE SRINIVASA RAG presented this Petition under Article 226 of the Gonstitutian of
india praying that in the circumstances stated in the affidavit fled therewith, the High
Court may be pleased io issue an appropriate iri, Order or Direction, more particularly
one in the nature of writ of Mandamus declaring the impugned Rule 4(2) of Plastic
Waste Managernent Rules, 201s now amended as Plastic Waste Management
(Amendment) Rules, S021 dated 12.08 2021 sued by the Respondent No. tT and the
public noticos issued by the Respondent No. 4 dated 22.02.2022 In pursuance of the rules of Plastic Waste Management (Amendment) Rules, 2027 stating that the manufacture, import, stocking, distribution, sale and use of single use plastic Hlams such as cups, glasses with less than less than 100 microns shail be prohibited fom 01.07 2022 as egal, arbitrary, discriminatory and which would affect the rights of the Patiioners who ae an manufacturers and faders of these plastic hems ouaranee' under Articles 14, 49 & 21 af the indian Constitution and consequently set aside the same and direct the Respondent authorities not to take any coercive steps against the Petitioners businesses. ---
AND WHEREAS the High Court upon perusing_the petition and affidavit filed herein and upon hearing the arguments of Sri.Narra Srinivasa Rao Advocate for the Petitioner, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1.
2.
The Secretary, Ministry of Environment, Forest and Climate Change, Union of India, the Indira Paryavaran Bhawan, Jorbagh Road, New Delhi, India.
The Chairman, Central Pollution Control Board, Parivesh Bhawan, East Arjun Nagar, New Delhi, India. -
The Special Chief Secrétary, Environment, Forest, Science and Technology Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District.
The Member Secretary, A.P. Pollution Contfol Board, D. No. 33-26-14 D/2, Near Sunrise Hospital, Pushpa Hotel Centre, Chalamalavari Street, Kasturibaipet, Viiayawada, NTR District, Andhra Pradesh.
are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted-on_or_before 2022,-en-which-date-the-case-stands_posted for hearing. THE COURT MADE THE FOLLOWING ORDER:
Notice.
Post along with W.P.No.18495 of 2022. To, Sd/-M Prabhakar Rao | ASSISTANT REGIST ITTRUE COPY// ra Fo SECTION OFFICER
1. The Secretary, Ministry of Environment, Forest and Climate Change, Union of India, the Indira Paryavaran Bhawan, Jorbagh Road, New Delhi, India.
2. The Chairman, Central Pollution Control Board, Parivesh Bhawan, East Arjun Nagar, New Delfi, India. |
3. The Special Chief Secretary, Environment, Forest, Science and Technology Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District.
4. The Member Secretary, A.P. Pollution Control Board, D. No. 33-26-14 D/2, Near Sunrise Hospital, Pushpa Hotel Centre, Chalamalavari Street, Kasturibaipet, _ Vijayawada, NTR District, Andhra Pradesh (1 to 4 by RPAD- along with a copy of petition and affidavit) _ -_
8. One CC to SRI.LNARRA SRINIVASA RAO Advocate [OPUC]
6. One CC to Sri.N.Haririath, Assistant Solicitor General [OPUC]
7. Two CCs to GP for the Forest, High Court Of Andhra Pradesh. [OUT]
8. The Section Officer, Writ (Non-Service};High Court of Andhra Pradesh
9. The Section Officer, Posting, High Court of Andhra Pradesh SRL »
10. One spare copy « Nel ATH ete crt ecaneanaane HIGH COURT AVES & SVG DATED OSS 2022 NOTE: POST ALONG WITH WP NOS 8485 OF 2022, NOTICE BEFORE ADMISSION WP. No 24672 of 2022