IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 1270 of 2007 Between: 1 Peruboyina Seenaiah S/o. Naraiah R/o. Vendodu Village, Gudur Mandal, Nellore District. 2 Nooni Vijayamma W/o. Vasu R/o. Veerareddypalli, Gudur Mandal, Nellore District. ..... PETITIONER(S) AND 1 Government of India, Ministry of Labour, Hyderabad, Rep. by its Dy. Director General of 2 Director of Mines Safety Hyderabad Region No. 1 Hyderabad. 3 Government of Andhra Pradesh, Department of Mines & Geology, Rep. by Dy. Director of Mines & Geology, 4 A.P. Pollution Control Board, Regional Office, Nellore, A.P.S.F.C. Building, A.K. Nagar, 5 Mandal Revenue Officer, Gudur Mandal, Nellore District. 6 District Collector, Nellore District, Nellore. 7 Mr. Kantrati Gopal Rao S/o. Ramachandraiah R/o. Vendodu, Gudur Mandal, Nellore District. 8 The Station House officer, Gudur, Rural P.S. Nellore District. .....RESPONDENT(S) 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 issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus, declaring inaction of the respondents 1 to 6 in not preventing the 7th Respondent from causing dust, noise, pollution and damage to the lime garden situated in Sy.No. 799 of Vendodu Village Gudur Mandal, Nellore in spite of repeated complaints and the reports submitted by the competent authority confirming the illegal activities of the 7th Respondent, as arbitrary illegal, failure to exercise power, violative of the provisions of A.P. Minor Mineral Concession Rules, 1966 violative of the provisions of the Air (Prevention and control of pollution) Act 1981 and the Rules made thereunder violative of the Fundamental Rights guaranteed under Article 19 and the constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently direct the 7th Respondent not to conduct quarry operations and pass such other order or orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.C.V.R.RUDRA PRASAD Counsel for the Respondent No1: GP FOR LABOUR Mr. G. Dasaradha Rami Reddy, Mr. N. Narasimha Rao, Mr. A. Rajasekhara Reddy, Asst. Sol. Gen. Of India, Counsel for the Respondent No. 4: Mr. S.V. Bhatt, Counsel for the Respondent Nos. 5 & 6: GP FOR HOME GP FOR REVENUE Counsel for the Respondent No. 2 & 3: GP FOR MINES & GELOLOGY GP FOR INDUSTRIES AND COMMERCE The Court made the following : ORDER: (Per Anil R. Dave, HCJ) In this writ petition the petitioners have prayed that respondent No.7 be restrained from doing the mining activities as due to blasting, their lime garden is adversely affected. During the pendency of this writ petition, an order dt. 28.4.2007 was passed by the Andhra Pradesh Pollution Control Board i.e., respondent No.4 who had looked into the matter and had finally come to the conclusion that the blasting work was not being done properly and therefore the stone crushing unit of the respondent No.7 was not permitted to function with immediate effect. The said order dt. 28.4.2007 has been placed on record. In view of the aforesaid order passed by the respondent No.4, respondent No.7 has been prevented from carrying on blasting activities. If respondent No.7 fulfils the norms set up by the respondent No.4, it would be open to the respondent No.4 to modify its order dt. 28.4.2007 after hearing the respondent No.7. The order restraining respondent No.7 from carrying on mining activities passed by this court is vacated. In view of the fact that the grievance ventilated in the writ petition has already been redressed, the writ petition is closed with no order as to costs. ________________ ANIL R. DAVE CJ _____​______________________ GOPALAKRISHNA TAMADA J Dt.28.2.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 Government of India, Ministry of Labour, Hyderabad, Rep. by its Dy. Director General of 2 Director of Mines Safety Hyderabad Region No. 1 Hyderabad. 3 Government of Andhra Pradesh, Department of Mines & Geology, Rep. by Dy. Director of Mines & Geology, 4 A.P. Pollution Control Board, Regional Office, Nellore, A.P.S.F.C. Building, A.K. Nagar, 5 Mandal Revenue Officer, Gudur Mandal, Nellore District. 6 District Collector, Nellore District, Nellore. 7. The Station House officer, Gudur, Rural P.S. Nellore District. 8. 2 CCs to GP for Labour, 9. 2 CCs to Asst. Sol.Gen. of India, 10. 2 CCs to GP for Home, 11. 2 CCs to GP for Revenue, 12. 2 CCs to GP for Mines & Geology, 13. 2 CCs to GP for Industries and Commerce. 14. 2 CD copies Form-NIC-OGS/WP{VSMI}