M/S.A.B.Aque Marine Madras v. The Div.Forest Officer Sullurpet

THE HON'BLE THE ACTING CHIEF JUSTICE DILIP B.BHOSALE & THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.25842 of 1995 PC: (Per Hon'ble the Acting Chief Justice Dilip B.Bhosale) Heard Mr. M. Prahastha, learned counsel holding for Mr. Vivek Chandra Sekhar, advocate on record for the petitioner and Mr. Mallikarjuna, learned Assistant Government Pleader for the respondent.

2. This writ petition is pending admission since 1995. Last it appeared before Court in December 2005. It was adjourned, mostly, at the request of learned counsel for petitioner.

3. The writ petition impugnes the notice dated 03.11.1995. The notice reads thus:

"Rc.No.148/95 dated 3.11.1995 Office of Divisional Forest Officer, Wildlife Management, Sullurpet, NOTICE It is informed that encroachment, formation of prawn Ponds, using water from Pulicat lake and discharge of effluent into Pulicat Bird Sanctuary is strictly prohibited under the provisions of Wild Life (Protection) Act, 1972 and Coastal Regulatory Zone Rules. Any act in the vicinity and within Pulicat Bird Sanctuary without permission of Chief Wildlife Warden, A.P. Hyderabad is liable for penal action under Wild Life (Protection) Act, 1972. Divisional Forest Officer, Wild Life Management, Sullurpet.

4. From bare perusal of the notice we find no reason to interfere with the same. Today Mr. Prahastha, once again seeks adjournment. When we rejected application for adjournment, learned counsel expressed his inability

to address the Court on merits.

6. In the circumstances, we have no option but to dismiss the writ petition for non-prosecution. Order accordingly.

7. As a sequel, the miscellaneous applications, if any pending, shall stand closed.

___________________ DILIP B.BHOSALE, HACJ ________________ P. NAVEEEN RAO, J July 15, 2016 DSK