IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 16468 of 2007 Between: N. Ramaiah Chowdary S/o Ayyavari Naidu Sarpanch, R/o Ramannagaripalle, H/o Madannagaaripalle Village, Kuluvai Mandal, nellore District. ..... PETITIONER AND 1 The District Collector, Nellore District, Nellore. 2 The Environmental Engineer, Regional Pollution Control Board, Nellore. 3 The Assistant Director of Mines & Geology, Nellore. 4 The Inspector of Factories, nellore. 5 The Deputy Tahsildar/Mandal Revenue Officer, Kaluvai Mandal, Nellore District. 6 Bayanaboina Rathnaiah S/o Tirupalu Ramannagaripalle, Madanagaripalle Panchayat, Kaluvai Mandal, Nellore District. 7 The Member Secretary, A.P. Pollution Control Board, Hyderabad R7 is impleaded as per court order dt. 9-8-2007 in WPMP 21732 of 2007 .....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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus, holding the action of the respondents in not taking any action against the 6th respondent's stone crushing unit though it is running without any valid licence and without obtaining consent for establishment & Consent for operation unit from pollution Control Board as required under Water and Air Acts as illegal andunjust and pass such other order or orders as this Hon'ble Court may deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.GUTTAPALEM VIJAYA KUMAR Counsel for Respondent Nos.1 and 5: GP FOR REVENUE Counsel for Respondent Nos.2 and 7: Sri Y. Srinivasa Murthy Counsel for Respondent No. 3: Government Pleader for Mines and Geology Counsel for Respondent No.4: Government Pleader for Labour Counsel for Respondent No.6: Sri A. Chandraiah Naidu The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) This is a public interest litigation wherein it has been alleged that respondent No. 6 was crushing stones on a government assigned land and thereby creating pollution. In pursuance of the notice issued by this Court, the learned Government Pleader for Revenue appearing for respondent Nos. 1 and 5 has submitted that the assignment of land in favour of respondent No. 6 has been cancelled and the land in question has already been resumed. In view of the fact that the land in question has already been resumed by the Government, now the question with regard to pollution does not survive. In the circumstances, the petition stands disposed of with no order as to costs. ANIL R. DAVE, CJ RAMESH RANGANATHAN, J 8th June, 2009 ks