THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO. 141 OF 2009 ORDER: (Per the Hon’ble Sri Justice V. Eswaraiah) The case of the petitioner is that he is running the waste paper business in the leased premises situated at Tata Nagar, Shivarampally, Ranga Reddy District and there is no requirement to obtain a license or permission under the provisions of the Water (Prevention & Control of Pollution Act, 1974 or under the provisions of Air (Prevention & Control of Pollution Act, 1981. While so, on 3-12- 2008 the Officers of the A.P. Pollution Control Board came to the business premises of the petitioner and tried to interfere with his business premises. Aggrieved by the said illegal action, the petitioner said to have been preferred an appeal under Section 28 of Water (Prevention and Control of Pollution) Act before the Appellate Authority on 24-12-2008 and the said appeal has been returned on the ground that the original impugned order passed either under A.P. Water (Prevention & Control of Pollution ) Act or under the Rules made there under or under A.P. Air (Prevention and Control of Pollution) Rules, 1982 has not been filed and therefore, no appeal lies under the provisions of the Water (Prevention & Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution ) Act, 1981. The petitioner without complying the objections raised by the appellate authority filed this writ petition contending that the appellate authority illegally returned the appeal without any justification. Therefore, seeks a writ of mandamus directing the 1st respondent to entertain the appeal. No provision has been pointed out for entertaining the appeal by the A.P. Pollution Control Board. In the absence of any order passed adverse to the interest of the petitioner and in the absence of any specific averments or allegations, the manner and method the business activities of the petitioner has been interfered with and without furnishing any material particulars, particularly the premises number and its boundaries where the business activities of the petitioner are being interfered with by the A.P. Pollution Control Board, we do not find any illegality or irregularity in returning the said appeal by the 1st respondent. The petition is without any merits and accordingly, the same is dismissed. No order as to costs. _____________________ Justice D.S.R.Varma _____________________ Justice V. Eswaraiah 7th January, 2009. KM THE HONOURABLE SRI JUSTICE D.S.R.VARMA AND THE HONOURABLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO. 141 OF 2009 7th January, 2009.