IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 23502 of 2008 Between: 1 Tulsi Narayana, S/o. Pedda Ashanna, R/o. Savaygudem Village, Wanaparti Mandal, Mahaboobnagar District. 2 Tulasi Laxmaiah, S/o. Pedda Ashanna, R/o. Savaygudem Village, Wanaparti Mandal, Mahaboobnagar District. 3 Tulasi Narsihma, S/o. Sayanna, R/o. Savaygudem Village, Wanaparti Mandal, Mahaboobnagar District. 4 T.Ramulu, S/o. Kurumaiah, R/o. Savaygudem Village, Wanaparti Mandal, Mahaboobnagar District. ..... PETITIONERS AND 1 The District Collector, Mahaboobnagar, 2 The Revenue Divisional Officer, Wanaparthy, Mahaboobnagar District. 3 The Tahsildar, Wanaparthy, Mahaboobnagar District. 4 AP.Pollution Control Board, Hyderabad rep by its Member Secretary. 5 Sri Sai Srinivas Stone Crushing Industry, rep by its Prop.M.N.Srinivasulu,S/o. Narayana, Nachehalli Village, Wanaparthi Mandal, Mahabubnagar District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to pass an order or direction more particularly one in the nature of writ of mandamus to declare the action of the respondents no.1 to 4 in non-stopping the Stone Crushing and Blasting operations in land Survey Nos.136 & 137 of Nachahalli Village, Wanaparti Mandal, Mahabubnagar District as illegal, arbitrary and un-constitutional and contrary to fundamental rights guaranteed under the Constitution of India more particularly Violation of Art.14 & 21 of Constitution of India and consequently direct the respondents no.5 to stop the illegal Stone Crushing and blasting operations in land Survey Nos. 136 & 137 of Nachahalli Village, Wanaparti Mandal, Mahabubnagar District. Counsel for the Petitioners : MRVENKATARAGHU RAMULU Counsel for the Respondents : GP FOR REVENUE The Court made the following : ORDER : (Per Hon’ble Sri Anil R.Dave, CJ) This is a public interest litigation, wherein a grievance has been made with regard to operation of a stone crushing and blasting Unit in the land bearing Survey Nos.136 and 137 at Nachahalli village of Wanaparti Mandal, Mahabubnagar District. It is the case of the petitioners that respondent No.5 is operating the aforesaid Unit, which is creating pollution. In pursuance of an order of this Court, learned Standing Counsel Sri Y.Srinivas Murthy appearing for the 4th respondent–Board has submitted that an officer of respondent No.4 had visited the place where the stone crushing activity is going on. It has been submitted that no consent of 4th respondent–Board had been obtained by respondent No.5 before starting the Unit, and, therefore, a notice had been issued to respondent No.5 on 10th November 2008 and respondent No.5 has also given reply on 13th November 2008. It has been further submitted by the learned Standing counsel appearing for the 4th respondent–Board that the matter is under active consideration of the Board and before taking any final decision, the Board shall also hear one of the petitioners or their representative. The learned Standing Counsel appearing for the 4th respondent–Board has also submitted that blasting as well as the crushing activities have been stopped by respondent No.5 at this stage. In view of the above facts, in our opinion, the writ petition would not survive now. If the 5th respondent is still operating the crushing unit without proper permission, we are sure that the 4th respondent–Board shall do the needful as soon as possible, to stop the illegal activity. The writ petition stands disposed of with no order as to costs. _________________ ANIL R. DAVE, CJ 22nd December 2008 ______________________ R. SUBHASH REDDY, J ajr