HIGH COURT OF ANDHRA PRADESH

* * * *

Between:

Kodali Rajendra Prasad

.....PETITIONER

AND

The State of Andhra Pradesh,

Rep.by the Principal Secretary,

Revenue Department, Secretariat,

Velagapudi, Amaravati,

Guntur District and 13 others

.....RESPONDENTS

DATE OF JUDGMENT PRONOUNCED: .07.2025

SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

&

THE HON'BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM

1. Whether Reporters of Local newspapers Yes/No

may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No

marked to Law Reporters/Journals

3. Whether Your Lordships wish to see the Yes/No

fair copy of the Judgment?

_______________________

RAVI NATH TILHARI, J

____________________________ MAHESWARA RAO KUNCHEAM, J

* THE HON'BLE SRI JUSTICE RAVI NATH TILHARI &

THE HON'BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM + WRIT PETITION No. 8192 of 2025 % .07.2025 Between:

Kodali Rajendra Prasad .....PETITIONER AND The State of Andhra Pradesh, Rep.by the Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District and 13 others .....RESPONDENTS ! Counsel for the Petitioner : Sri M. R. S. Srinivas Counsel for the Respondent No.5 : Sri Y. Soma Raju Standing Counsel Counsel for the Respondent No.14 : Sri K. Chidambaram, Senior Counsel, Assisted by Sri N. Srihari < Gist :

> Head Note:

? Cases Referred:

1. (2006) 1 SCC 228 2. (1978) 1 SCC 405

3. AIR 1952 SC 16

4. (2021) 6 SCC 771

5. (1998) 8 SCC 1 THE HON’BLE SRI JUSTICE RAVI NATH TILHARI &

THE HON’BL SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No. 8192 of 2025 JUDGMENT: (per Hon’ble Sri Justice Ravi Nath Tilhari)

Heard Sri M. R. S. Srinivas, learned counsel for the petitioner, Sri Y.

Soma Raju, learned standing counsel for the 5^th respondent – Andhra Pradesh Pollution Control Board, and Sri K. Chidambaram, learned Senior Advocate, assisted by Sri N. Srihari, learned counsel for the 14^th respondent.

2. Sri Y. Koteswara Rao, learned standing counsel, appears for the 8^th respondent – Ungutur Gram Panchayat, Ms. M. Anusha, learned counsel, representing the learned Government Pleader for Industries, appears for the respondents No.11 and 12, Sri M. Srinu Babu, learned Assistant Government Pleader, appears for the 13^th respondent, and they submit that the main contest is between the petitioner and the respondents No.5 and 14.

3. This writ petition has been filed by the petitioner – Kodali Rajendra Prasad under Article 226 of the Constitution of India, challenging the Order vide Letter No.1672/APPCB/RO-ELR/2025, dated 22.01.2025 passed by the 5^th respondent – Andhra Pradesh Pollution Control Board (in short ‘APPCB’), Regional Office, Eluru, represented by its Environmental Engineer, in rejecting the petitioner’s representation dated 11.10.2023 for cancellation of the Consent to Operation (in short ‘CTO’) granted by the 5^th respondent to 14^th respondent –

M/s. Green Asia Impex Private Limited, West Godavari District.

I. Facts:

4. The 14^th respondent – M/s. Green Asia Impex Private Limited, West Godavari District is a processed shrimp/fish unit to produce processed shrimp/fish of capacity 10 TPD & Ice – 10 TPD. The APPCB issued Consent to Operation (CTO) to the said industry on 22.04.2022 by stipulating certain conditions therein and the validity of the said CTO was up to 31.03.2027. The 14^th respondent commenced operations during May, 2022. The raw material (raw shrimp) capacity of the industry is 15 TPD, which generates 150 KLD of wastewater for processing of 15 tons of raw shrimp. It provided Effluent Treatment Plant (in short ‘ETP’) of capacity of 300 KLD for treatment of wastewater. The treated wastewater from ETP is being utilized for greenbelt development within lease lands of an extent of 16.9 acres adjacent to the industry. The said area includes Ac.1.43 cents in Sy.No.677/2A purchased by the 14^th respondent under registered document No.3263/2017. It also includes 12 acres of land allegedly leased by the petitioner vide Lease Document dated 18.10.2021 and the rest area under the