THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.11825 of 2010 (Dated : 08-09-2010) Between: Smt. Gunda Kamala W/o Sudhakar R/o Ponakal Village, Jannaram Mandal,Adilabad District …Petitioner A n d The District Collector, Adilabad, Adilabad District And others …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.11825 of 2010 ORDER: This writ petition has been filed by Smt. Gunda Kamala seeking a mandamus declaring the action of the respondents 3 and 4 in directing her to close down the manufacturing of bricks industry in Survey No.305 admeasuring Ac.0.10 gts., situated at Ponkal Village, Jannaram Mandal, Adilabad District as illegal and arbitrary. 2. The petitioner claims to have obtained necessary permission for establishing brick industry at Ponkal Village, Jannaram Mandal, Adilabad District. While so, the Mandal Revenue Inspector-1, Jannaram Mandal-4th respondent issued notice dated 25.4.2010 directing her to remove the brick manufacturing factory from Sy.No.305 admeasuring Ac.0-10 guntas. She submitted explanation on 4.5.2010. Since respondents 3 and 4 are insisting her to close the brick manufacturing unit, she approached this Court invoking jurisdiction of this Court under Article 226 of the Constitution of India seeking the relief stated supra. For better understanding of the grievance of the writ petitioner, I deem it appropriate to refer para 7 of the affidavit filed in support of the writ petition, which reads as hereunder:- “ I submit that now under the guise of the notice issued by the 4th respondent on 25.04.2010 and the letter of the 3rd respondent dated 11.05.2010, the respondents No.3 and 4 orally directed me to close down the industry. The respondents never conducted any enquiry nor issued a notice to me and so far they have not passed any speaking orders on my explanations dated 04.5.2010. On the other hand the respondents No.3 and 4 are orally directing me not to do the business for the reasons best known to them. It is pertinent to mention here that after taking all the necessary permissions from the concerned authorities I have established a small scale industry and I have also taken loan from the bank and if at this juncture, my industry is closed my entire family as well as the other 15 families will be on streets. That apart in Jannaram village, Dandepalli village and in Luxettipet, there are number of bricks factories are established in the residential localities, without taking any permissions from the concerned authorities, but so far no action is initiated against the said Industries. On the other hand the respondents are directing me to close down my bricks industry, even though I am running the said industry after taking necessary permissions from the concerned authorities. Before issuing the No-objection Certificate, the Gram Panchayat already issued a notification calling for objections and none of the persons objected for establishment of the Industry. At the time of establishment of the Bricks factory, there was not even a single house was situated within 200 meters radius. I have already taken all the permissions and running the Bricks factory away from the residential houses without any complaints from any corner. Now, the 3rd and 4th respondents directed me to close down the industry without issuing the notice and without conducting any enquiry and if this action is allowed to be continued I will be put to undue hardship and irreparable loss. As I have already stated above, I have never violated the terms and conditions and I am eaking out my livelihood on the earnings of the business. The respondents No.3 and 4 at the instance of my business rivalry and the political opponents of my husband are interfering in my business illegally, without following due process of law. The 3rd respondent so far not passed any orders on the explanation submitted by me on 0.05.200 and threatening that they will take stringent action if I have not closed the Industry. This action of the respondents is highly illegal and arbitrary.” 3. Notice before admission came to be ordered on 26.5.2010. Interim suspension of the proceedings of the Mandal Revenue Inspector as well as the Tahsildar, Jannaram Mandal, Adilabad District came to be issued on the even date. The respondents entered appearance and filed W.V.M.P.No.14936 of 2010 with a prayer to vacate the interim order dated 26.5.2010. 4. The counter of the respondent No.3, in brief, is:- He instructed the Mandal Revenue Inspector, Jannaram to conduct enquiry on the application received from A.Bheemlal Naik and others of Srilanka colony of Ponakal village raising objections for establishment of Fly Ash Brick manufacturing unit by the petitioner. Thereupon, the Mandal Revenue Inspector issued notice on 25.4.2010. On receipt of the notice, the petitioner submitted an application stating that she has obtained necessary permission from the Gram Panchayat, Ponakal and District Industries Centre, Adilabad before establishing the unit. The Mandal Revenue Inspector inspected the unit on 10.5.2010 and submitted a detailed report to the Revenue Divisional Officer, Mancherial, vide letter No.A1/704/2010 dated 11.5.2010. The industry established by the petitioner is releasing high sound and ash. The ash released by the brick industry established by the petitioner is falling on the houses situated nearby the unit. The petitioner has not obtained any permission for conversion of agricultural land into non-agricultural land. 5. The writ petitioner filed reply affidavit on 6.9.2010. It is stated in the reply affidavit that by the time she established the brick industry, no houses existed nearby and therefore, question of causing pollution to surrounding houses does not arise. 6. When the vacate stay petition came up for consideration, with the consent of counsel appearing for the parties, the writ petition is taken up for final disposal. 7. Head learned counsel appearing for the petitioner and learned Assistant Government Pleader for Revenue (Telangana Area) appearing for the respondents. 8. Learned counsel appearing for the petitioner submits that the brick industry established by the petitioner does not find place in the list of polluting industries in a small scale sector and therefore, no permission is required from the A.P.Pollution Control Board. A further submission has been made that the petitioner obtained necessary permission from the Gram Panchayat and District Industries Centre, Adilabad before establishing the brick industry. Learned counsel refers the certificate issued by the Panchayat Secretary, Gram Panchayat, Jannaram Mandal on 18.11.2008 as well as the proceedings issued by the General Manager, District Industries Centre, Adilabad. 9. Learned Government Pleader appearing for the respondents submits that the petitioner has not obtained any permission for conversion of agricultural land into non-agricultural land, and therefore, the very establishment of the unit in the agricultural land without obtaining permission for conversion to non-agricultural purpose is not legal and proper. A further submission has been made that ash produced by the brick industry of the petitioner is causing health hazards to the persons residing nearby the unit. Various other contentions have been advanced and they are not required to be dealt in view of the order proposed to be passed. The fact remains that the petitioner submitted an explanation to the notice dated 25.4.2010 and final orders are yet to be passed by the respondents on the explanation submitted by the petitioner. 10. In that view of the matter, the Writ Petition is disposed of directing the respondents to pass final orders after considering the explanation dated 4.5.2010 submitted by the petitioner. Till then, closure notice issued by respondent No.4 shall remain in suspension. No costs. _____________________ B.SESHASAYANA REDDY, J Dt.08-09-2010 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.11825 of 2010 (Dated : 08-09-2010)