M. Hemalatha W/O. M. Konda Reddy v. The State Of Telangana, Rep. By Its

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.10026 of 2015 Dt:01.06.2015 Between:

M.Hemalatha.

... Petitioner And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others ... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON'BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.10026 of 2015 PC: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale)

Heard learned counsel for the petitioner and learned counsel for respondents 1 to 4.

Having regard to the nature of controversy raised in the writ petition and the prayers made therein, we are satisfied that this writ petition can be disposed of conveniently without issuing notice to respondents 5 to 7. We have perused G.O.Ms.No.80, dated 22.04.2010, so also the representation dated 10.03.2015 made by the petitioner. The petitioner is seeking action against respondents 5 to 7 to stop their activity of manufacturing bricks, since according to the petitioner their kiln is within one kilometre radial distance from Sarvagna Cultural Trust, which is a spiritual institute. We would not like to examine the merits of the case and as observed earlier, this writ petition can be disposed of by the following order. Respondent No.2 - District Collector shall consider the representation dated 10.03.

2015 made by Sarvagna Cultural Trust, seeking action against the brick kilns of respondents 5 to 7 after issuing notice to the said Ashram and respondents 5 to 7 and also to the petitioner on merits in accordance with law, and if it is found respondents 5 to 7 have committed any breach of the directions issued, while setting up their brick kilns, as contemplated by G.O.Ms.No.80, dated 22.04.2010, he may take action in accordance with law . It is needless to mention that at every stage, an opportunity of being heard to respondents 5 to 7 shall be granted by the concerned authorities. With these observations, the writ petition is disposed of. It is made clear that while passing this order we shall not understood to have examined merits of the case or expressed any opinion on merits of the case.

Consequently, miscellaneous petitions, if any, also stand disposed of. _____________________ DILIP B.

_____________________ S.V. BHATT, J Dt:01.06.2015 GJ