IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 29214 of 2008 Between: Sri. Kondeti Gopala Krishna S/o. Narayanama D.No. 8-26/A, Sangam Street, Pedapudi Village, Pedapudi Mandal, East GOdavari District. ..... PETITIONER AND 1 Government of A.P., Rep. by The District Colelctor, East Godavari District. 2 The District Panchayat Officer, East godavari District Kakinada. 3 The Panchayat Secretary, Gram panchayat, Pedapudi, East Godavari District. 4 Thethala Sesha Ratnam W/o. Satyanarayana Reddy R/o. Komaripalem, Bikkanalu Mandal, East Godavari Dsitrict. .....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 to pass an order direction or Writ more particularly Writ of Mandamus declaring that : (i) the in action of the official Respondents herein not taking appropriate action against the respondent No.4 in running Brick Industry in the agriculture filed in Survey No. 791/7 and 791/10 of Pedapudi Mandal in contrary to Sec-89 and 92 of A.P. Public Health Sec-21 of Air ( Prevention & Controller of Pollution ) 1981 Act, and in violation of Article 14 and 21 of Constitution of India (ii) the action of the Respondent No.3 in passing the resolution in Agenda 30 dated 30-08- 2008 as illegal, arbitrary, irregular and set aside the same and (iii) Consequently direct the Respondent No.1 to 3 not to permit the Respondents No.4 to run Brick Industry in Survey No. 791/7 and 791/10 of Pedapudi Mandal, East GOdavari District and pass Counsel for the Petitioner:MR.T.D.PANI KUMAR Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) The A.P. Pollution Control Board is permitted to be joined as respondent No.5. Learned Advocate Sri Y.Srinivasa Murthy accepts notice on behalf of respondent No.5. It has been submitted by Sri Y.Srinivasa Murthy, learned Advocate appearing for respondent No.5 that no representation has been made to the Board on the subject matter of this petition. In the circumstances, learned Advocate for the petitioner has submitted that the petitioner shall make a representation to respondent No.5-Board on the subject matter of the petition within ten days from today. The respondent-Board shall consider the representation and shall take appropriate action so as to prevent pollution, if any, by taking appropriate action in accordance with law. In view of the above direction given to respondent No.5, the learned Advocate appearing for the petitioner seeks permission to withdraw the petition. Permission granted. The petition stands disposed of as withdrawn with no order as to costs. ___________________________ ANIL R. DAVE, CJ ______________________________ RAMESH RANGANATHAN, J 20th January, 2009 GRR