Communist Party Of India vs The Union Of India - Order(1) - Unknown Date

HIGH COURT OF ANDHRA PRADESH : AMARAVATI

MAIN CASE: W.P(PIL)Nos.112 of 2020, 117 of 2020, 119 of 2020 and 147 of 2020

PROCEEDINGS SHEET

Sl.<br>No.	DATE	ORDER
24.	30.09.2021	(Through Video-Conferencing)
		I.A.No.1 of 2021 in W.P (PIL) No.112 of 2020
		Mr. S. Ravi, learned senior counsel appearing for
		respondent No.8 in W.P(PIL)No.112 of 2020, submits
		that he is not pressing this I.A.
		In view of the above<br>submission, this I.A. is
		disposed of as not pressed.
		I.A.No.2 of 2021 in W.P (PIL) No.112 of 2020
		Heard Mr. S. Ravi, learned senior counsel, along
		with Mr. Anuj Berry, learned counsel, appearing for
		respondent No.8 in W.P(PIL)No.112 of 2020 and Mr. Y.
		V. Ravi Prasad, learned Amicus Curiae.
		Also<br>heard<br>Mr.<br>C.<br>Sumon,<br>learned<br>Special
		Government<br>Pleader<br>appearing<br>for<br>the<br>State<br>and
		Mr.Josyula Bhaskara Rao, learned Standing Counsel for
		Central Government.
		This<br>I.A.<br>is<br>filed<br>by<br>respondent<br>No.8<br>in
		WP(PIL)No.112<br>of<br>2020<br>praying<br>for<br>the<br>following
		directions:
		"A) To direct the District Collector,
		Visakhapatnam<br>District/Committee,<br>to
		oversee and permit and allow the Applicant<br>to immediately sell or dispose of or return
		the<br>raw<br>materials<br>and<br>other<br>inventory
		identified at Annexure C and Annexure D to
		the present I.A. which are lying at third

Sl.<br>No.	DATE	ORDER	OFFICE<br>NOTE
		party ware-houses;

		B)<br>To direct the District Collector,<br>Visakhapatnam<br>District<br>to<br>permit<br>the
		Applicant<br>to<br>immediately<br>return<br>the
		engineering materials which are laying at
		the Applicant premises that belong to the
		other<br>third-party<br>providers<br>which<br>are
		identified at Annexure F to the present I.A."
		On 06.04.2021, this Court passed an order, operative
		portion of which reads as follows:
		"Considering the submissions of the learned
		counsel for the parties and keeping in view
		the fact that it may be hazardous to keep the
		goods in the sealed factory premises, as
		contended, we deem it appropriate to permit
		the<br>sale<br>of<br>inventory<br>as<br>indicated<br>in
		Annexure-A to the Memo dated 17.11.2020,
		subject to the following directions:
		1)<br>Respondent No.8 may submit a list of
		employees for the purpose of entry into the
		sealed<br>premises<br>of<br>respondent<br>No.8<br>for
		undertaking preliminary works relating to the
		sale of inventory as indicated in Annexure-A
		to<br>the<br>Memo<br>dated<br>17.11.2020,<br>to<br>the
		District Collector, Visakhapatnam.
		2)<br>In the event of finding prospective
		buyers, if such prospective buyers want to
		inspect<br>the<br>items<br>lying<br>in<br>the<br>sealed
		premises, list of such persons on behalf of
		the prospective buyers may be submitted
		before the District Collector, Visakhapatnam,
		for his approval.
		3) A Committee is constituted with the Joint
		Chief Environmental Engineer (Zonal Officer
		at Visakhapatnam under the A.P. Pollution

Sl.<br>No.	DATE	ORDER	OFFICE<br>NOTE
		Control<br>Board),<br>Joint<br>Chief<br>Inspector<br>of
		Factories, Visakhapatnam, and Deputy Chief
		Controller<br>of<br>Explosives,<br>Petroleum<br>and
		Explosives<br>Safety<br>Organization,
		Visakhapatnam, for the purpose of permitting
		sale of inventory, as indicated in Annexure-A
		to the Memo dated 17.11.2020, lying in the
		sealed factory<br>premises, subject to such
		terms and conditions, as may be imposed by
		them.
		4)<br>The District Collector and the members
		of the Committee so constituted shall render
		necessary<br>assistance<br>during<br>the<br>entire
		process.
		5)<br>The sale proceeds should be deposited
		before the District Collector, Visakhapatnam,
		who will keep the same in a fixed deposit in
		the name of the District Collector. Ordered
		accordingly.
		As agreed upon, list these cases again
		on 27.04.2021, printing the name of Mr. Y.
		Srinivasa Murthy, learned standing counsel
		for the Central Pollution Control Board."
		In this application, it is stated that there are some
		items, which are lying in the premises of third party and
		those items may also be allowed to be sold.
		It is pointed out that the items in Annexure – C
		belong to the applicant. Items mentioned in Annexure –
		D belong to third parties. However, the particulars of the
		third parties to whom the items belong are not indicated.
		Prayer is also made in respect of items mentioned in
		Annexure – F, which are engineering materials.

Sl.<br>No.	DATE	ORDER	OFFICE<br>NOTE
		On a query of the Court, it is submitted that these are
		not hazardous.
		At this stage, we permit the applicant to submit an
		appropriate application in respect of the prayers made
		relating to Annexure – C and Annexure – D in this I.A.
		before the Committee constituted in pursuance of the
		order of this Court dated 06.04.2021.
		On receipt of such an application, the Committee
		with<br>the<br>assistance<br>of<br>the<br>District<br>Collector,
		Visakhapatnam, will inspect the premises and, thereafter,
		submit a report to this Court with their observations
		regarding the materials stored, to enable this Court to
		pass appropriate orders. The report will be submitted
		within a period of two weeks from the date of submission
		of the application by the applicant.
		Mr. S. Ravi, learned Senior Counsel, submits that the
		application will be filed by 06.10.2021.
		Registry will list these cases on 02.11.2021.
		ARUP KUMAR GOSWAMI, CJ<br>NINALA JAYASURYA, J<br>HS

Sl.	DATE	ORDER	OFFICE
No.			NOTE

Sl.<br>No.	DATE	ORDER	OFFICE<br>NOTE

Communist Party Of India vs. The Union Of India

AI Summary

Order Issued After Hearing

Original Order Copy

Order Text

HIGH COURT OF ANDHRA PRADESH : AMARAVATI

MAIN CASE: W.P(PIL)Nos.112 of 2020, 117 of 2020, 119 of 2020 and 147 of 2020

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