P Enviro Tech Ltd., v. State Of T.S. Environment Andanother

Item No.13 THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI AND THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No.38781 of 2017 ORDER: (Per the Hon'ble the Chief Justice Hima Kohli) 1.

The present petition is filed praying inter alia for setting aside the order dated 16.10.2017 passed by respondent No.2/Telangana State Pollution Control Board, as illegal and arbitrary. 2.

At the outset, we have requested learned counsel for the petitioner to address this court on the maintainability of the present petition, when admittedly the petitioner had approached the learned NGT by preferring an appeal against the issuance of the earlier demand notice by the respondent No.2 for the period from November, 2007 to October, 2008.

3.

We may note that in this petition, the petitioner sought to assail the impugned demand notice issued by the respondent No.2 for the period from November, 2008 to January, 2009.

4.

The submission made by learned counsel for the petitioner that principles of natural justice have been violated by the respondent No.2 while issuing the impugned notice can certainly be urged before the learned National Green Tribunal (NGT), Chennai, a forum that the petitioner had approached earlier by filing Appeal No.133 of 2016. Even as per the notice to show cause, the impugned order has been W.P.No.38781 of 2017 Page 1 of 2

issued by the respondent No.2 in compliance of the orders issued by the NGT dated 17.12.2014.

5.

Therefore, we see no reason to entertain the present petition. If the petitioner has a grievance, it is for it to approach the NGT, Chennai, for appropriate orders.

6.

The present petition is disposed of along with the pending applications, if any.

_________________ HIMA KOHLI, CJ ______________________ A.ABHISHEK REDDY, J 23.04.2021 dr/vs W.P.No.38781 of 2017 Page 2 of 2