IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY MONDAY, THE FIRST DAY OF JUNE, TWO THOUSAND NINE ONLY WRIT PETITION No.4156 of 2009 Between: M/s.Sri Srinivas Stone Crusher, (Proprietor Concern), reptd., by its Proprietor Katra Harinarayana, S/o.Sri Laxminarayana, Haripuram village & Mandal, Srikakulam District, AP. … Petitioner And The Divisional Engineer, Operation, A.P.E.P.D.C.L., Tekkali, Srikakulam District. … Respondent Counsel for the petitioner: Sri K.Manik Prabhu. Counsel for the respondent: Sri O.Manohar Reddy. This Court made the following: ORDER:- The grievance of the petitioner in this Writ Petition is against the respondent in insisting on obtaining “No Objection Certificate” from the A.P. Pollution Control Board (for short “the Board”) for release of power supply to the petitioner- stone crusher unit. The material on record reveals that Consent for Establishment (for short “CFE) of the petitioner-stone crushing unit, granted by the Board on 18-3-2008, has expired on 17-3-2009. It is also not in dispute that the petitioner is liable to obtain Consent for Operation (for short “CFO”) before commencing the operation of the crusher. In the counter-affidavit, the respondent relied on Condition No.5.2.6 of the General Terms and Conditions of Supply to justify his insistence on obtaining permission from the Board. It is axiomatic that the petitioner, which is a stone crusher, cannot insist on release of power supply to enable it to operate without obtaining CFE and CFO from the Board. Admittedly, as on today, neither of the said two certificates were obtained by the petitioner. Therefore, I do not find any illegality in the action of the respondent in insisting on the necessary certificates from the Board for release of power supply. The Writ Petition is, therefore, dismissed with liberty to the petitioner to approach the Board for granting necessary certificates to enable it to obtain electricity service connection from the respondent. ------------------------------------ C.V.NAGARJUNA REDDY,J Date:01-6-2009 MNR