M/S. Gopi Transport v. The State Of Telangana And 2 Others

THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION No.44534 of 2022 O R D E R:

The writ petition is filed seeking the following relief: "... to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the inaction of the Respondent No.2 and 3 in controlling the unauthorized persons from collecting and transportation of bio waste (Chicken, Mutton and Fish waste) by considering the Petitioner's complaints as illegal, arbitrary, unconstitutional, contrary to the provisions of Telangana Municipalities Act, 2019 and violative of principles of natural justice and consequently direct the Respondents No.2 and 3 not to allow unauthorized persons from collecting and transportation of bio-waste Chicken, Muiton and Fish waste".

2.

Mr. T. Koteshwara Prasad, learned counsel for the petitioner is proprietor of Gopi Transport, Kukatpally which is engaged in the business of collecting and transporting of Bio-waste such as chicken, mutton and fish waste from the chicken centers, slaughter houses and fish markets. It is stated that as per the notification issued by the respondents, the petitioner has participated in the auction and the said work was allotted to the petitioner by proceedings dated 20.12.2021 whereby, the petitioner was granted permission for collection for a period of 24 months i.e. from 21.12.2021 to till 21.12.2023.

3.

Learned counsel for the petitioner submits that when some unauthorized persons are lifting the waste, the petitioner has made several representations to the respondents, being the latest on

05.12.2022 and 07.12.2022, but, no action has been initiated by the respondents.

4.

Mr. B. Jagan Madhav Rao, learned standing counsel for the respondent municipal corporation submits that they will consider the representation of the petitioner and pass appropriate orders. 5.

Recording the said submission of the learned standing counsel, the writ petition is disposed of directing the respondents to consider the representation of the petitioner dated 07.12.2022 and pass appropriate orders within a period of four (4) weeks from the date of receipt of copy of the order. There shall be no order as to costs. The Miscellaneous Applications, if any shall stand automatically closed.

_______________________________ LALITHA KANNEGANTI, J 13th December, 2022 gvl