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High Court for State of TelanganaWP/42550/2017disposed of no costs

M/S. G.V.V. Constructions (P) Ltd., v. State Of Telangana, Rep. By Its Principal Secretary,

2017-12-18Ramesh Ranganathan,Gudiseva Shyam Prasad3 pages

HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.42550 of 2017 O R D E R : (per Hon'ble the Acting Chief Justice) The order, under challenge in the writ petition, was passed by the Telangana State Pollution Control Board, by proceedings dated 26.09.2017 and the subsequent order dated 04.10.2017, directing closure of the petitioner's Unit. Sri Vedula Srinivas, learned counsel for the petitioner, would draw our attention to the representation submitted by the petitioner on 05.08.2017, even before the order of closure was passed, in support of his submission that the petitioner had rectified the deficiencies pointed out by the State Pollution Control Board earlier.

As the order of closure has already been passed, by the State Pollution Control Board, it is but appropriate that the petitioner submits a representation afresh furnishing details of the manner in which the deficiencies pointed out by the State Pollution Control Board, directing closure of the petitioner's Unit, has been rectified by them; the State Pollution Control Board shall, thereafter, cause an inspection of the petitioner's Unit and after taking into consideration the physical inspection report shall pass an order, on the petitioner's representation, in accordance with law.

HAC,J & GSP,J W.P.No.42550 of 2017 Sri Vedula Srinivas, learned counsel for the petitioner, would submit that a representation, in this regard, shall be filed within two weeks from today. The State Pollution Control Board shall, within four weeks from the date of receipt of the petitioner's representation, examine the petitioner's claim of having rectified the deficiencies, cause a physical inspection of the petitioner's premises to satisfy themselves that the deficiencies have been rectified, and thereafter pass an order afresh in accordance with law.

Needless to state that, as long as the order of closure of petitioner's Unit remains in force, the petitioner shall not operate the Unit. The writ petition is disposed of accordingly. No order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

_______________________________ RAMESH RANGANATHAN, ACJ ________________________________ GUDISEVA SHYAM PRASAD, J 18.12.2017.

Msr

HAC,J & GSP,J W.P.No.42550 of 2017 HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.42550 of 2017 18.12.2017 Msr