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High Court for State of TelanganaWP/3069/2017disposed of no costs

Y. Veera Raju, v. State Of Andhra Pradesh, Represented By Its Secretary,

2017-02-01Ramesh Ranganathan,Shameem Akther3 pages

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE DR JUSTICE SHAMEEM AKTHER Writ Petition No.3069 of 2017 ORDER: {Per the Hon'ble the Acting Chief Justice Ramesh Ranganathan} Heard Sri D.S.N.V.Prasad Babu, learned counsel for the petitioner, learned Government Pleader for Civil Supplies and Sri G.Ramachandra Rao, learned Standing Counsel for the A.P.Pollution Control Board and, with their consent, the writ petition is disposed of at the stage of admission.

The petitioner carries on business in milling of rice. On a complaint by the residents of the locality, where the rice mill was established, the A.P.Pollution Control Board inspected the petitioner's premises and issued proceedings dated 19.11.2016 closing his unit. The petitioner claims to have submitted a detailed representation to the A.P. Pollution Control Board informing them that the deficiencies pointed by them have since been rectified. It is his grievance that, though 19th January, 2017 was fixed as the date of personal hearing, no response was forth-coming from the Pollution Control Board officials, though the petitioner approached them on that date.

Sri D.S.N.V.Prasad Babu, learned counsel for the petitioner, would submit that, instead of keeping the writ petition pending on the file of this Court, it would suffice if the A.P.Pollution Control Board is directed to dispose of the petitioner's representation within a specified time frame. Sri G.Ramachandra Rao, learned Standing Counsel for the A.P.Pollution Control Board, would submit that a task force is being constituted to reinspect the subject premises, to ascertain whether the deficiencies pointed by the A.P. Pollution Control Board earlier have been rectified, and whether the parameters for grant of clearance are satisfied; and a minimum period of two months would be required to pass orders on the petitioner's representation.

We consider it appropriate, therefore, to direct the A.P. Pollution Control Board to examine the petitioner's representation, re-inspect the petitioner's unit and, thereafter, pass orders on his representation in accordance with law. The entire exercise, culminating in a reasoned order being passed and communicated to the petitioner, shall be completed within a period of two months from the date of receipt of a copy of this order.

The Writ Petition is disposed of accordingly. Miscellaneous Petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.

_________________________________ (RAMESH RANGANATHAN, ACJ) _____________________________ (DR. SHAMEEM AKTHER, J) 01st February, 2017 JSU

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE DR JUSTICE SHAMEEM AKTHER Writ Petition No.3069 of 2017 Date: 01.02.2017 JSU