IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO.14360 OF 2011 DATED:11.10.2011 Between: Maa Telangana Party Rep. by its President K. Veera Reddy S/o. Malla Reddy 1-2-593/26, Gagan Mahal Colony Domalguda, Hyderabad … Petitioner And Andhra Pradesh Pollution Control Board Paryavaran Bhavan, A-3 Industrial Estate, Sanathnagar Hyderabad-8, rep. by its Member Secretary 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.14360 OF 2011 JUDGMENT: (per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) The writ petition is filed alleging failure of respondent No.1 to take action against respondents – units 2 to 15 and a direction is sought to command the respondent No.1 to take necessary action and issue closure orders. 2. Respondent No.1 – Pollution Control Board has filed a report relevant paragraph whereof may be noticed: “The above 14 industries were issued with show cause notices dated 01.08.2011 & 05.08.2011 for non-compliance of the consent conditions/directions issued by the Board. Copy of the notices issued to these industries is given at Annexure-V. The industries were called for hearing before the Taskforce committee of the Board on 09.08.2011. The Taskforce committee, after detailed discussions recommended to issue certain directions to each of these industries based on the non-compliance. Copy of the directions issued to these industries is given at Annexure-VI. The directions issued to industries are summarized and is given at Annexure-VII. The Board also directed the industries to furnish Bank Guarantees to comply with the Board directions. The above industries have approached the Hon’ble Appellate Authority against the directions of the Board. The Hon’ble Appellate Authority granted interim suspension of the directions of the Board. Sri K. Veera Reddy, Maa Telangana Party, Domalguda, Hyderabad (petitioner in the Hon’ble High Court case) has also approached the Hon’ble Appellate Authority to implead and sought time to file petition. The Hon’ble Appellate Authority permitted to file the implead petition before the next hearing date i.e., 22.10.2011.” The stand disclosed by the Pollution Control Board makes it clear that the action has already been taken fall out whereof is questioned by the aggrieved party before the appellate authority. Not only that, the petitioner has represented before the appellate authority. In that view of the matter, as the appelalte authority is seized of the issue, appropriate course for the petitioner is to urge whatever he has in his armory in support of closure of the industries. Viewed thus, writ petition does not survive. Dismissed. VILAS V. AFZULPURKAR, J NISAR AHMAD KAKRU, CJ 11-10-2011 B. Narsinga Rao