IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 1919 of 2008 Between: M/s. Ganesh Rice Mill, Reddy Colony, Haliya Village, Amumula Mandal, Nalgonda District, represented by its Proprietor G.Srinivas, s/o Satyam ..... PETITIONER AND 1 The Government of Andhra Pradesh represented by its Principal Secretary to the Environment Forest, Science and Technology Department, Secretariat Buildings, Hyderabad. 2 A.P.Pollution control Board, Paryavaran Bhavan, A-3 Industrial Estate, Sanathnagar, Hyderabad represented by its Member Secretary. 3 A.P.Pollution Control Board, Zonal Office, 25-35/11, Tulasi Reddy Complex, 2nd Floor, Opp;Govt.ITI College, R.C.Puram, Medak District represented by its Joint Chief Environmental Engineer. 4 The Assistant Divisional Engineer, A.P.Transco, Haliya Village, Anumula Mandal, Nalgonda District. 5 The District Industrial Centre, Nalgonda, Represented by its General Manager. .....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 order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ order or direction declaring the closure order passed by the respondent No.3 in order No.Gen-10/PCB/ZO/RCP/2007 dated 10-10-2007 and the order passed by the Appellate Authority under Air and Water (Prevention of Pollution) Act in Appeal No.134 of 2007 dated 14-11-2007 dismissing the appeal and the letter issued by the respondent No.5 Lr.No.2269/B/2007 dated 13- 11-2007 as arbitrary, illegal, null and void and violative of principles of natural justice, and also violative of Articles 14, 19 and 21 of the Constitution of India and also violative of the provisions of the Air (prevention of pollution) Act or Water (prevention of Pollution) Act as such the same may be set aside. Consequently direct the respondents not to interfere with the running of the Mini Rice Mill by the petitioner at Haliya Village, Anumula Mandal, Nalgonda District and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner: MR.K.VENUMADHAV Counsel for the Respondent Nos. 1 & 5: GP FOR FORESTS Counsel for the Respondent No.4: Mr. O. Manohar Reddy Counsel for the Respondents 2 & 3: Mr. Y.S. Murthy, SC for Pollution Control Board The Court made the following : HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO. 1919 OF 2008 ORDER: (Per Anil R. Dave, HCJ) Learned advocate Sri K. Venumadhav appearing for the petitioner has submitted that the petitioner would shift the rice mill if some more time is granted to him. Looking to the facts of the case, it is directed that the rice mill shall be shifted to a different location on or before 30th June, 2008. In view of the fact that the petitioner is also having his residential house in the unit, the petitioner has prayed for restoration of electricity supply. In the circumstances, the electricity supply shall be reconnected on payment of reconnection charges with a clear understanding that the same shall be used for residential purpose and not for the purpose of running the business. Proprietor of the petitioner shall file an undertaking within fifteen days from today before this Court that the rice mill shall be shifted on or before 30th June, 2008 and the rice mill shall not be operated even if electricity supply is reconnected. In view of the above fact that further time has been granted, the learned advocate appearing for the petitioner seeks permission to withdraw the writ petition. The writ petition is accordingly disposed of as withdrawn with no order as to costs. ________________ ANIL R. DAVE CJ _____​______________________ NOOTY RAMAMOHANA RAO J Dt. 25.2.2008 KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh represented by its Principal Secretary to the Environment Forest, Science and Technology Department, Secretariat Buildings, Hyderabad. 2 A.P.Pollution control Board, Paryavaran Bhavan, A-3 Industrial Estate, Sanathnagar, Hyderabad represented by its Member Secretary. 3 A.P.Pollution Control Board, Zonal Office, 25-35/11, Tulasi Reddy Complex, 2nd Floor, Opp;Govt.ITI College, R.C.Puram, Medak District represented by its Joint Chief Environmental Engineer. 4 The Assistant Divisional Engineer, A.P.Transco, Haliya Village, Anumula Mandal, Nalgonda District. 5 The District Industrial Centre, Nalgonda, Represented by its General Manager. 6. 2 CCs to GP for Forests, High Court Building, Hyderabad 7. 2 CD copies Form-NIC-OGS/WP{RS}