IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.9562 of 2009 Between: 1. Pathan Khasim Bi 2. Shaik Chand Bhasha 3. Karimsaheb Shaik 4. Shaik Masthan 5. Shaik Hussain All are residents of Vema Yellaiah Nagar, Budawada Revenue Village, Chimakurthi Mandal, Prakasham District. ...Petitioners And 1. The State of Andhra Pradesh, Represented by its Secretary, Environment, Forests, Science & Technology (EFS & T) Department, A.P. Secretariat, Hyderabad. 2. The A.P. Pollution Control Board, Represented by its Member Secretary, Hyderabad. 3. The District Collector, Ongole, Prakasam District. 4. The Mandal Revenue Officer, Chimakurthy Mandal, Prakasam District. 5. Ms. Sri Saideva Stone Crushers, Chimakurthy Mandal, Represented by its Proprietor, Sri Kancherla Prasada Rao, Ongole, Prakasam District. ...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 Mandamus or any other appropriate writ, order or direction directing the 2nd respondent herein not to permit the 5th respondent to establish stone crushing unit in Sy.No.93/2A, 3A and 146/1B and 1A of Budawada Village, Chimakurthy Mandal, Prakasam District without there being any valid consent order issued by the 2nd respondent herein by declaring the inaction of the 2nd respondent in restraining the 5th respondent from making further construction after disposal of Appeal No.45/2008, dated 6.3.2009 on the file of the Appellate Authority under Air (Prevention and Control of Pollution) Act, 1981 as arbitrary and illegal. Counsel for the petitioner : Sri T. Nagarjuna Reddy Counsel for respondent Nos.1, 3 & 4 : Assistant Government Pleader for Forests Counsel for respondent No.2 : Sri Y. Srinivasa Murthy. Counsel for respondent No.5 : None The Court made the following: ORAL ORDER: (Per Sri Anil R. Dave, C.J.) Learned Standing Counsel appearing for Andhra Pradesh Pollution Control Board, Sri Y. Srinivasa Murthy has submitted, in pursuance of instructions received by him, that Consent for Establishment (CFE) of stone-crushing unit has already been granted in favour of respondent No.5 and before grant of CFE, the petitioners or one of them had been heard by a representative of respondent No.2 – Board. Upon knowing this fact, the learned Advocate appearing for the petitioners seeks permission to withdraw the petition so as to challenge the validity of Consent for Establishment granted in favour of respondent No.5. Permission is granted. The petition stands disposed of as withdrawn with no order as to costs. ANIL R. DAVE, C.J. 1st May, 2009 RAMESH RANGANATHAN, J. To 1. The Secretary, Environment, Forests, Science & Technology (EFS & T) Department, Government of Andhra Pradesh, A.P. Secretariat, Hyderabad. 2. The Member Secretary, A.P. Pollution Control Board, Hyderabad. 3. The District Collector, Ongole, Prakasam District. 4. The Mandal Revenue Officer, Chimakurthy Mandal, Prakasam District. 5. Sri Kancherla Prasada Rao, Proprietor, Ms. Sri Saideva Stone Crushers, Chimakurthy Mandal, Ongole, Prakasam District. 6. Two copies to the Govt. Pleader for Forests, High Court Buildings, Hyderabad (OUT). 7. Two C.D. copies. ARS