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

THURSDAY,THE NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE THE CHIEF JUSTICE ALOK ARADHE AND THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION NO: 31 100 oF 2023

Between:

B. VENKAT REDDY, S/O LATE KISTAREDDY AGED 70 YEARS OCC-BUSINESS RYO SINGOTTAM CROSS ROADS KOLLAPUR MANDAL NAGAR KURNOOL DISTRICT

...PETITIONER

AND

• 1. THE SECRETARY, Telangana State Pollution Control Board, Paryavarna Bhavan, A-llllndustrial Estate, Sanath Nagar, Hyderabad
• 2. ENVIRONMENTAL ENGINEER, Regional Office, Pollution Control Board Hyderabad
• M.R.O., Kollapur llandal, Kollapur 1
• THE DISTRICT COLLECTOR, NAGAR KURNOOL DISTRICT 4
• M/S Kavya Eleckical and Civil Contractor, Represented by Maheshwar Reddy (Formerly known as M/S Sarva Sree Stone Crushers) (Formerly known as M/S Jyothi Stone Crushers) SyNo. 75A, CHOWLABETLA (V) and KOLLAPUR (M) NAGAR KURNooL DISTRICT t

...RESpONDENTS

Petition under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ. order or directions. more particularly one is nature of writ of mandamus directing the Respondent No.1 in settling aside the order of Temporary Revocation of closure orders for a period of Six months issued to Respondent No. 5 on 3Ol8l2O23 vide order No. MHB-1 17ITSPCBIU-V 1lTFl2O22 as, illegal, atbitary, unconstitutional and without jurisdiction.

lA NO: 1 OF 2023

Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit frled in support of the petition, the High Court may be pleased to lnterim direction to the Respondent No. 1 to stay the order No. MHB-117/TSPCBIU-V1lf F 12022 Dt. 1Bl8l2O23 issued to Respondent No. ⁵ pending disposal of the above writ petition

Counsel for the Petitioner: SRl. D. V. KRISHNA KUMAR

Counsel for the Respondent Nos. 1&2: SRI A. VISHNU VARDHANA REDDY ( sc FoR TSPCB)

Counsel for the Respondent Nos. 3&4: SRI T. SRIKANTH REDDY, GP FOR REVENUE

The Court made the following: ORDER

THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE AND TIIE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.31100 OF 2023

ORDER.' (Per the Hon'ble the Chief Justice Alok Aradhe)

Mr. D.V. Krishna Kumar, learned counsel for the petitioner.

Mr. A. Vishnu Vardhan Reddy, leamed Standing Counsel for the Telangana State Pollution Control Board for respondent Nos.1 & 2.

Mr. T. Srikanth Reddy, leamed Govemment Pleader for Revenue for respondent Nos.3 and 4.

2. Taking into account the nature of order by which this court proposes to pass, it is not necessary to issue notice to respondent No.5.

3. With the consent of the parties, the writ petition is heard finally

4. In this writ petition, the petitioner has challenged the action of respondent No.l-Secretary, Telangana State Pollution Control Board in issuing order of temporary revocation of closure order, for a period of six months, to respondent No.5 namely, iWs Kavya Electrical & Civil Contractor. \ I

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5. Leamed counsel for the petitioner submits that with regard to grievance of the petitioner, he has submitted a representation to the Secretary, Telangana State Pollution Control Board on 30.08.2023. However, the aforesaid representation has failed to evoke any response.

6. On the other hand, leamed Standing Counsel for ttre Telangana state Pollution control Board, on instructions, submitted that suitable action on the representation submitted by the petitioner shall be taken after affording an opportunity of hearing to the petitioner as well as respondent No.5, within such time limit as rnay be fixed by this Court.

7. In view of the aforesaid submissions and in view of the facts of the case, the writ petition is disposed of directing the Secretary, Telangana state polrution control Board to take suitable action on the representation dated 30.0g.2023 subrnined by the petitioner. Needless to state that the Telangana State pollution contror Board sha afford an opportunity of hearing to the petitioner as well as respondent No.5 and therealter shall decide the representation by a speaking order. It is rnade clear that this Court has not expressed any opinion on the lnerits of the matter. There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if any, stand closed.

SD/.K,SREERAMA MURTHY ASSISTANT REGISTRAR yl SECTI6TrOFFICER I

To,

\

I THE SECRETARY, Telangana State Pollution Control Board, Paryavarna Bhavan, A-llllndustrial Estate' Sanath Nagar'-Hyderabad

//TRUE COPY//

• 2 Ef.fVf nOruVf NTAL ENGINEER, Regional Office, Pollution Control Board , Hvderabad
• 3 TilE DISTRICT COLLECTOR, NAGAR KURNOOL DISTRI()T
• 4 Two CCs to GP FoR REVENUE ,High Court for the State of Telangana,at Hyderabad [OUT]
• 5 One CC to SRl. ^D V. KRISHNA KUMAR, Advocate [OPUC]
• 6 One CC to SRI. A VISHNU VARDHANA REDDY( SC FOR TSPCB) [OPUC]
• 7 Two CD Copies

BMn BSaV..--l

HIGH COURT

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DATED:09/11/2023

ORDER

WP.No.31100 of 2023

DISPOSING OF THE WRIT PETITION WITHOUT COSTS