IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

MONDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

HONOURABLE SRI JUSTICE NINALA JAYASURYA AND HONOURABLE SMT JUSTICE SUMATHI JAGADAM

WRIT PETITION NO: 13904 OF 2024

Between:

f*

D Ramesh Kumar, Occ Advocates Environment Activist S/o. D. Koteswara Rao, aged ⁵⁴ years D.No.l2-48-70(N), Penamaluru Center Bandar Road, Poranki, Vijayawada- 521137 Krishna District, Andhra Pradesh

...PETITIONER

AND

• Ministry of Environment Forest And Climate Change Government of India, Rep. by its Secretary, Indira Paryavaran Bhavan Jor Bagh Road, New Delhi-110 003. 1.

• The State of Andhra Pradesh, Represented by The Chief Secretary to Government Block No.1, A.P Secretariat Velagapudi, Tullur Mandal, Guntur District, Andhra Pradesh. 2.

• Department of Environment, Forests and Science and Technology, Government of A.P., Rep. by its Special Chief Secretary Block No.4, A.P. Secretariat, Velagapudi, Tulluru Mandal, Guntur District, Andhra Pradesh State. 3.

• 4. The Member Secretary, Andhra Pradesh Pollution Control Board (APPCB) Paryavaran Bhavan, APIIC Colony Road Gurunanak Colony, Auto Nagar, Vijayawada Krishna District, Andhra Pradesh.
• 5. Sri Neerabh Kumar Prasad, IAS, Chairman, A.P. Pollution Control Board (APPCB) Paryavaran Bhavan, APIIC Colony Road Gurunanak Colony, Auto Nagar, Vijayawada Krishna District, Andhra Pradesh.

...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 issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Quo Warranto, quashing the appointment of Respondent No.5 (Sri Neerabh Kumar Prasad, IAS), Chief Secretary to Government of A.P,) as the Chairman of the Andhra Pradesh Pollution Control Board (APPCB)(lnterim Arrangement) on the ground of disqualification under Sec.6(l)(f) and ⁷ of THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT,1974 and under Sec.8(l)(f) and ⁹ of THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT,1981 and under Rule No.6 and 7 of the Rules,2021 which regulate the qualifications and other Terms and Conditions of Service and powers and Duties of the Chairman, Member Secretary and Members in APPCB, Dt.11.12.2021, as this appointment amounts to usurpation of public office by Respondent No.5 and declare the same as illegal, arbitrary, unconstitutiona l.

Counsel for the Petitioner(s): SRI KALLEMU VIJAYA RAJU Counsel for the Respondents ¹ to ³ : GP FOR FORESTS Counsel for the Respondents ⁴ & ⁵ : SRI VARRE SURENDRA REDDY, SC FOR APPCB

The Court made the following: ORDER

APHC010278152024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3494] (Special Original Jurisdiction)

MONDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM

WRIT PETITION NO:13904/2024

Between:

1.D RAMESH KUMAR, OCC ADVOCATES ENVIRONMENT ACTIVIST S/O. D. KOTESWARA RAO, AGED 54 YEARS D.NO.L2-48-70(N), PENAMALURU CENTER BANDAR ROAD, PORANKI, VIJAYAWADA-521137 KRISHNA DISTRICT, ANDHRA PRADESH

...PETITIONER

AND

• 1. MINISTRY OF ENVIORMENT FOREST AND CLIMATE CHANGE GOVERNMENT OF INDIA, REP. BY ITS SECRETARY, INDIRA PARYAVARAN BHAVAN JOR BAGH ROAD, NEW DELHI-110 003.
• 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT BLOCK NO.L, A.P SECRETARIAT VELAGAPUDI, TULLUR MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.
• 3. DEPARTMENT OF ENVIRONMENT, FORESTS AND SCIENCE AND TECHNOLOGY, GOVERNMENT OF A.P., REP. BY ITS SPECIAL CHIEF SECRETARY BLOCK NO.4, A.P. SECRETARIAT, VELAGAPUDI, TULLURU MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH STATE.
• 4. THE MEMBER SECRETARY, ANDHRA PRADESH POLLUTION CONTROL BOARD (APPCB) PARYAVARAN BHAVAN, APIIC COLONY ROAD GURUNANAK COLONY, AUTO NAGAR, VIJAYAWADA KRISHNA DISTRICT, ANDHRA PRADESH.
• 5. SRI NEERABH KUMAR PRASAD IAS, CHAIRMAN, A.P. POLLUTION CONTROL BOARD (APPCB) PARYAVARAN BHAVAN, APIIC COLONY ROAD GURUNANAK COLONY, AUTO NAGAR, VIJAYAWADA KRISHNA DISTRICT, ANDHRA PRADESH.

...RESPONDENT(S):

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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Quo Warranto, quashing the appointment of Respondent No.5 (Sri Neerabh Kumar Prasad, IAS), Chief Secretary to Government of A.P,) as the Chairman of the Andhra Pradesh Pollution Control Board (APPCB) (Interim Arrangement) on the ground of disqualification under Sec.6(l)(f) and 7 of the Water (Prevention and Control of Pollution) Act, 1974 and under Sec.8(l)(f) and 9 of the Air (Prevention and Control of Pollution) Act, 1981 and under Rule No.6 and 7 of the Rules,2021 which regulate the qualifications and other Terms and Conditions of Service and powers and Duties of the Chairman, Member Secretary and Members in APPCB, Dt.11.12.2021, as this appointment amounts to usurpation of public office by Respondent No.5 and declare the same as illegal, arbitrary, unconstitutional and pass such

Counsel for the Petitioner:

1.KALLEMU VIJAYA RAJU

Counsel for the Respondent(S):

1.GP FOR FORESTS

2.V SURENDRA REDDY (SC FOR PCB)

The Court made the following ORDER:

At the time of considering the matter, it is submitted that in view of the subsequent developments, the matter has become infructuous.

Recording the same, the writ petition is dismissed as infructuous. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. 2.

Sd/- P.U.V.BHASKARA RAO //TRUE COPY// ASSISTANT REGISTRAR SECTION OFFICER

To,

l

1. One CC to SRI KALLEMU VIJAYA RAJU Advocate [OPUC]

2. Two CCs to GP for FORESTS, High Court of Andhra Pradesh. [OUT]

• 3. One CC to SRI VARRE SURENDRA REDDY, SC for APPCB [OPUC]
• 4. Three CD Copies

Madhu

HIGH COURT

DATED:30/09/2024

ORDER

WP.No.13904 of 2024

DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS