Tinker Basheer Khan, v. The State Of Andhra Pradesh,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT PUBLIC INTEREST LITIGATION No. 146 OF 2015 Date: 24.08.2015 Between:

Tinker Basheer Khan ... Petitioner And The State of A.P., rep., by its Principal Secretary, Department of Industries, Hyderabad & others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT PUBLIC INTEREST LITIGATION No. 146 OF 2015 PC: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard learned counsel for the parties.

The petitioner in the present public interest litigation seeks direction to respondent Nos.2 to 7 to take necessary steps/action for closing unauthorized water filtration plants and sell of drinking water in the Anantapur district.

Learned Advocate General invited our attention to G.O.Ms.No.309, dated 01.09.2005, to contend that the 7th respondent is the competent officer, who can take action or even grant permission for drawl of ground water for its filtration and sale. Learned counsel appearing for the petitioner invited our attention to the petitioner's representation, dated 05.02.2014 (Annexure P1), addressed to the 7th respondent and submitted that direction may be issued to the 7th respondent to consider the same. We have perused the aforementioned Government order and the petitioner's representation, dated 05.02.2014. Learned counsel for the parties have agreed for the following order:

"The 7th respondent shall consider and decide the petitioner's representation, dated 05.02.2014 (Annexure P1), as expeditiously as

possible and preferably within a period of twelve (12) weeks from the date of receipt of this order in the light of G.O.Ms.No.309, dated 01.09.2005. It is needless to mention that the 7th respondent shall grant an opportunity of being heard to all those persons, who are likely to be effected by his order. It is also open to the 7th respondent to grant permission for filtration and sell of drinking water, if the law so permits." With these observations, the public interest litigation is disposed of.

Miscellaneous petitions, if any, shall also stand disposed of. _________________________ DILIP B. BHOSALE, ACJ ________________________ S.V. BHATT, J Date: 24.08.2015 ES