Adhilakshmi Puffed Rice Mill vs. State Of Telangana

Final Order
Court:High Court of Haryana and Punjab
Judge:Hon'ble B.Vijaysen Reddy
Case Status:Dismissed
Order Date:10 Aug 2020
CNR:HBHC010164752020

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble B.Vijaysen Reddy , Raghvendra Singh Chauhan

Listed On:

10 Aug 2020

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Order Text

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

MONDAY, THE TENTH DAY OF AUGUST TWO THOUSAND AND TWENTY

PRESENT

THE HON'BLE THE CHIEF JUSTICE RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

WRIT PETITION NO: 9581 OF 2020

Between:

Adhilakshmi Puffed Rice Mill, Rep by its Proprietor P. Naga Suresh Reddy S/o P<br>Anki Reddy aged about 35 years R/o No.4-299 Raghavendra Colony Maktal Mandal, Mahabubnagar District

AND

  • ...PETITIONER
    1. State of Telangana, Rep by its Principal Secretary Environment, Forest, Science and Technology Department, Secretariat Buildings, Hyderabad
  • Telangana State Pollution Control Board, Rep by its Chairman A-3, Paryavaran<br>Bhavan, Sanath Nagar Rd, Sanath Nagar Industrial Estate, Sanath Nagar,<br>Hyderabad, Telangana 500018
    1. The Environmental Engineer, Telangana State Pollution Control Board Regional Office, 4th Floor, Podupta Bhavan Collectoratc Complex, Hyderabad 500 001
    1. The Assistant Engineer, TSSPDCL, Maktal Division Mahabubnagar District
    • ...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 Writ, Order, or direction more particularly one in the nature of Writ of Mandamus declaring action of the Respondent No.3 in issuing impugned closure order dated 07.03.2020 vide Order No,11/Lokayukta3825/TSPCB/RO-HYD/2020-1212 thereby directing closure of the petitioner Puffed Rice Mill without considering the reply dated 03.03.2020 submitted by the petitioner and without granting an opportunity of hearing and disconnection of Power supply by the Respondent No.4 is illegal, arbitrary and unconstitutional and against the principles of natural justice and contrary to law and consequently set aside the same directing the respondents not to interfere with the rights of the petitioner in running the Puffed Rice Mill in any manner

IA NO: 1 OF 2020

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 suspend the operation of the closure order No.11/Lokayukta3825/TSPCB/RO-HYD/2020-1212 dated 07.03.2020 issued by the respondent No.3 by duly permitting the petitioner to run its Puffed Rice Mills situated at H.No.2-4-299, Raghavendra Colony, Maktal, Mahabubnagar District, pending disposal of the above writ petition

IA NO: 2 OF 2020

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 respondent No.4 herein restore electricity connection to the petitioner industry situated at H No.2-4-299, Raghavendra Colony, 'l\rlaktal, Ir,4ahabubnagar District, pending disposal of the above writ petition

NO: 3 OF 20

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 permit the petitioner to file the additional documents

Counsel for the Petitioner: SRI V. M. M. CHARY

Counsel for Respondent No. 1: GP FOR ENVIRONMENT

Counsel for Respondent Nos. 2 & 3: SRI P. SHIV KUMAR

Counsel for Respondent No. 4: SRI R. VINOD REDDy

The Court made the following: ORDER

THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN AND THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

WRIT PETITION No.9581 OF 2020

ORDER: (Per Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan)

The writ petition has been filed challenging the closure notice, dated 07.03.2020. However, Mr. P. Shiv Kumar, the learned standing counsel for the Pollution Control Board informs this Court that the said closure notice has been revoked by the Pollution Control Board. Therefore, both the counsel are ad idem that the present writ petition has become infructuous.

Therefore, the writ petition is hereby dismissed as infructuous. Miscellaneous petitions, pending if any, shall stand closed. There shall be no order as to costs.

//TRUE COPY//

ASSISTANT REGISTRAR

SECTION OFFICER

SD/-K.AMMAJI

To.

  1. One CC to Sri V M M Chary Advocate [OPUC] 2. Two CCs to GP For Environment, High Court for the State of Telangana. [OUT]
  • One CC to Sri R. Vinod Reddy, Standing Counsel for TSSPDCL (OPUC) One CC to Sri R. Vinod Reddy, Standing Counsel for TSSPDCL (OPUC)
    1. Two CD Copies MBC

HIGH COURT DATED: 10/08/2020

ORDER WP.No.9581 of 2020

DISMISSING THE WRIT PETITION AS

INFRUCTUOUS, WITHOUT COSTS