IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO.25459 of 2007 Between: M.Trimurthulu, S/o. Hanumath, R/o.H.No.3-129, Addanki Prakasam District. ...PETITIONER AND 1 The Government of Andhra Pradesh, rep.by its Principal Secretary Revenue , Secretariat, Hyderabad. 2 The District Collector, Prakasam District, Ongole. 3 The Tahsildar, Mandal Revenue Officer Addanki, Prakasam District. 4 The Gram Panchayat, rep.by its Executive Officer, Addanki, Prakasam District. 5 The AP Pollution control Board, Regional office 1st floor, SFC building, A.K.nagar, Nellore, rep.by its Member Secretary. ...RESPONDENTS 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 of mandmaus or any other appropriate writ order or direction declaring the inaction on the part of the respondents in not taking any action for removal of brick kilns in the village of Addanki and its vicinity in Prakasam District as illegal, arbitrary, and unjust and consequentially direct the respondents to take the steps for removal of the unauthorized bricks kilns/ industries to prevent pollution. Counsel for the Petitioner: MR.M.S.N.PRASAD Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON'BLE MR JUSTICE B.PRAKASH RAO And THE HON'BLE MR JUSTICE C.Y.SOMAYAJULU WRIT PETITION NO.25459 of 2007 ORDER: (Per the Hon’ble Mr Justice B.Prakash Rao) Heard both the sides. At their request, the Writ Petition itself is taken up for disposal. The petitioner files this Writ Petition, inter alia, seeking a Writ of Mandamus to declare the inaction on the part of the respondents in taking any action for removal of Brick Kilns in Addanki village of Prakasam District as illegal, arbitrary and unjust and for a consequential direction to the respondents to take steps for removal of unauthorized brick kilns/industries to prevent pollution. Though several contentions have been urged on behalf of the petitioner as to the fact of such brick kiln running on the agricultural lands, more so, adjacent to the town, in the counter affidavit filed by the respondents, which is sworn to by E.Eswara Rao, Tahsildar, Addanki Mandal, Prakasam District, it has been suggested to the following effect. “I submit that, however, when it has come to the notice of the District Administration about the illegal establishment of Brick Kilns around Addanki Village on the instructions of the District Collector, the Tahsildar, Addanki, has issued notices to all the Brick Kilns Operators. The Notices are issued not only as per the directions of the District Collector but also as per the directions of this Hon’ble High Court and in the Notices the Brick Kiln Operators were directed to shift their Brick Kilns to a distance of 5.00 K.Ms. from the Residential area and also called for explanation as to why action should not be taken against them for using the Agricultural land for Non-agricultural purposes since the said action is in gross violation and contrary to the provisions of conversion Agricultural land into Non-agriculture purposes Act 2006. Section 3 of this Act specifically provides that whenever any person who is intending to utilize the Agricultural land to Non-agricultural purposes, it is mandatory that he shall obtain the necessary permission from the concerned Revenue Divisional officer. I respectfully submit that for eviction of the illegal Brick Kilns established near Addanki, due and necessary steps are taken by the Revenue authorities and they will be evicted by following the due process of law.” Having heard the counsel on either side and on perusal of the material available on record, we deem it not necessary to go into all such questions. Accordingly, the Writ Petition is disposed of directing the respondents to take appropriate action as suggested in the counter affidavit. The entire exercise shall be completed within a period of two months from the date of receipt of a copy of this order. No costs. _________________ (B.PRAKASH RAO, J) __________________ (C.Y.SOMAYAJULU, J) 2nd May 2008 RRB