Edapalapati Radha Krishna, vs The State of Andhra Pradesh,

APHC010351682023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 18025/2023 Between: 1.

EDAPALAPATI RADHA KRISHNA,, S/O.LAKSHMINARAYANA, HINDU, MALE, AGED.

54 YRS, DUBACHERLA-534112, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1.

THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2.

THE PANCHAYAT SECRETARY, DUBACHERLA GRAM PANCHAYAT, DUBACHERLA.

NALLAJERLA MANDAL, EAST GODAVARI DISTRICT.

3.

THE DISTRICT PANCHAYAT OFFICER, KRISHNA NAGAR, RAMANAYAPETA, KAKINADA.

EAST GODAVARI DISTRICT.

4.

THE POLLUTION CONTROL BOARD, RAJAHMUNDRY.

5.

THE EXCISE SUPERINTENDENT, PROHIBITION AND EXCISE DEPARTMENT, ASHOK NAGAR, ELURU-534002.

6.

ROLLA MANGATHAYARU, W/O.

LATE RADHA KRISHNA, HINDU, FEMALE, HOTEL BUSINESS, DUBACHERLA-534112, 2 NALLAJERLA MANDAL, EAST GODAVARI DISTRICT.

7.

THOTA LAKSHMI, D/O.LATE ROLLA RADHA KRISHNA, HINDU, FEMALE, ROYALS DINE AND DRINK, DUBACHERLA-534112, NALLAJERLA MANDAL, EAST GODAVARI DISTRICT. ...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 Writ Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring that the action of official respondents 1 to 5, in not taking any action against the respondents 6 and 7 hotel by name and style, Royals Dine and Drink, since they did not obtain any prior permission from the official respondents for establishment of the hotel business and they discharging waste material and sullaged water into the drainage without taking any precautionary measurements, which causes pollute the hygienic condition of environment and pungent smell has affected the health cond ealth condition of the petitioner and his family members and in the vicinity neighbours, without considering the representation, dt.18- 5-2023 made by the petitioner is quite contrary to the law, abusing, arbitrary and against to the principles of natural justice and consequently to direct the official respondents 1 to 5 to restrain the hotel business activity conducted by the respondents 6 and 7 in Royals Dine and Drink, situated in Dubacherla, Nallajerla Mandal, East Godavari District., pending disposal of main writ petition and to pass IA NO: 1 OF 2023 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 official respondents 1 to 5 to restrain the hotel business activity conducted by the respondents 6 and 7 in "Royals Dine and Drink," situated in Dubacherla, Nallajerla Mandal, East Godavari District., and to 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 3 be pleased to permit the Petitioner/Respondent No.4 herein to file the counter affidavit with the leave of the court as stated in the counter affidavit and pass Counsel for the Petitioner: 1.

SRINIVAS MANCHANAPALLI Counsel for the Respondent(S): 1.

GP FOR PANCHAYAT RAJ RURAL DEV 2.

N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3.

V SURENDRA REDDY (SC FOR PCB) The Court made the following: ORDER: Ms.Sona, learned counsel representing Sri Srinivas Manchanapalli, learned counsel for the petitioner sought permission of this Court to withdraw the present writ petition.

Permission is accorded.

Accordingly, the Writ Petition is dismissed as withdrawn.

There shall be no order as to costs.

As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 16th December, 2025 RKS