Godavari Bio Management vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Home)
Before:
Hon'ble Cheekati Manavendranath Roy
Listed On:
16 Jun 2021
Original Order Copy
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Order Text
(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
WEDNESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE : PRESENT:
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION NO: 11098 OF 2021
Between:
M/s Godavari Bio Management, Having its office at D.No.2-31, Peddada, Pedapudi Mandal, East Godavari District Andhra Pradesh - 533 344, Represented by its Managing Partner Mr. Y. Papa Rao
AND
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- The State of Andhra Pradesh, Rep by its Principal Secretary Home Department, 2nd Block, Ground Floor, Room No. 185, A.P. Secretariat Office, Velagapudi, Guntur District.
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- The District Magistrate cum District Collector, Collector's Office, Kakinada East Godavari District, Andhra Pradesh - 533 001.
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- The Superintendent of Police, District Police Office, Kakinada, East Godavari District, Andhra Pradesh.
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- The Deputy Superintendent of Police, O/o. DSP, Peddapuram, East Godavari District, Andhra Pradesh.
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- The Sub-Inspector of Police,, O/o. SI, Rangampeta, Rangampeta Mandal, East Godavari District, Andhra Pradesh.
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- The General Manager,, District Industries Centre, O/o. DIC, Kakinada, East Godavari District, Andhra Pradesh.
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- The Revenue Divisional Officer, O/o. RDO, Peddapuram, East Godavari District, Andhra Pradesh
Respondents
$131631$
Petitioner
WHEREAS the Petitioner above named through its Advocate SRI DANDUGULA SATYA SIVA DARSHAN presented this 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 issue any order, direction or writ more particularly one in the nature of Writ of Mandamus
A. Declare the inactions of the Respondents No. 3 to 5 to protect and preserve the law and order and public order in and around the site of the Petitioner firm thereby failing to facilitate smooth construction and operation of the Medical Waste Treatment Facility despite the existence of clear directions issued by the Respondent No.2 is illegal, arbitrary, unconstitutional and consequently direct the Respondents No. 3 to 5 to immediately take all necessary measures including police protection to facilitate smooth construction and operation of the Medical Waste Treatment Facility,
B. Declare the actions of the Respondent No.2 in failing to ensure that his directions to the Respondent police officers to resolve all the problems of the Petitioner firm are implemented, as illegal, arbitrary and consequently direct the Respondent No. 2 to ensure that all the problems of the Petitioner firm arising in connection with the construction of the Medical Waste Treatment Facility are resolved at the earliest in accordance with law,
C. Pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri DANDUGULA SATYA SIVA DARSHAN Advocate for the Petitioner, and GP FOR REVENUE for Respondents 2 and 7, GP FOR HOME for Respondents 1, 3 to 5 directed issue of notice to the $6<sup>th</sup>$ respondent herein to show cause as to why this WRIT PETITION should not be admitted. You viz:
The General Manager,, District Industries Centre, O/o. DIC, Kakinada, East Godavari District, Andhra Pradesh.
are 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, within two weeks
The Court made the following:
ORDER:
"Print the name of Government Pleader for Revenue for respondents 2 and
Learned Assistant Government Pleader for Home has taken notice for respondents 1, 3 to 5.
Learned Assistant Government Pleader for Revenue has taken notice for respondents 2 and 7. Both the counsel requested time for filing counter affidavit. Issue notice to the 6<sup>th</sup> respondent.
Post the matter after two (2) weeks".
IITRUE COPYII
Sd/-V.Satyanarayana ASSISTANT REGISTRAR
OFFICER
SECTION
For
To,
-
- The General Manager,, District Industries Centre, O/o. DIC, Kakinada, East Godavari District, Andhra Pradesh. (by RPAD- along with a copy of petition and memorandum of grounds)
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- One CC to SRI DANDUGULA SATYA SIVA DARSHAN Advocate [OPUC]
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- Two CCs to GP FOR HOME, High Court of Andhra Pradesh. [OUT]
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- Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT]
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- One spare copy
HIGH COURT
CMRJ
DATED:16/06/2021
POST AFTER TWO WEEKS
NOTICE BEFORE ADMISSION
WP.No.11098 of 2021