THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION NO.9827 OF 2009 29TH January, 2011. Between: Pathan Khasim and others .. PETITIONERS AND The State of A.P., rep. by Its Secretary, Environment, Forests, Science & Technology (EFS & T) Dept., Secretariat, Hyderabad and others .. RESPONDENTS THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION NO.9827 OF 2009 O R D E R : (PER THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU) 1. This is the second round of litigation regarding the issue which was adjudicated upon by the appellate forum requiring the Pollution Control Board to re-examine the CFE application, consequently final order stands passed, the petitioners are aggrieved of and is impugned herein, but this time they opted for writ petition notwithstanding the availability of statutory remedy by way of an appeal. 2. We have heard learned counsel for the parties. In our opinion the matter involves questions of fact which can be effectively adjudicated upon by the appellate forum on the strength of the evidence admissible in law, both documentary and oral. Viewed thus, the writ petition is dismissed along with miscellaneous petitions with liberty to the petitioners to approach the appropriate forum within two weeks. Interim direction dated 6-5-2009 granted in WPMP.No.12762 of 2009 is vacated. (VILAS V.AFZULPURKAR,J) (NISAR AHMAD KAKRU, CJ) 29th January, 2011. Cc by 31-1-2011 against usual charges.(bo) Nagesh babu THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION NO.9827 OF 2009 ORDER : (PER THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU) 29TH January, 2011.