IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 1606 of 2009 Between: K. Narasimha Swamy @ Bheemaiah S/o. K. Kishtaiah R/o. Kollapur, Mahaboobnagar Dist. ..... PETITIONER AND The Panchayat Secretary Office of the Gram Panchayat Kollapur, Mahaboobnagar Dist. .....RESPONDENT 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action on the part of the respondent in affixing the Notice bearing No.A/159 / 2008 dt.27-01-2009 on the wall of the rice mill is illegal, arbitrary and contrary to the directions of the Hon'ble Division Bench and the Appellate Authority as well and consequently set aside the notice bearing No.A / 159 / 2008 dt. 27-01-2009 issued by the respondent. Counsel for the Petitioner:MR.D.L.PANDU Counsel for the Respondent: G.ELISHA( SC FOR ZPPS AND MPPS,TEL REG) The Court made the following : ORDER: The petitioner is a lessee, in respect of a rice-mill. The Joint Chief Environmental Engineer, A.P. Pollution Control Board (for short ‘the Board’), passed an order, dated 23.09.2008, directing closure of the mill, on the ground that the mill is polluting the locality. Aggrieved thereby, the petitioner approached the appellate authority under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981. The appellate authority passed an order, dated 17.01.2009, leaving it open to the petitioner to approach the Board, after complying with the objections raised in the order, dated 23.09.2008. It is stated that the petitioner has since approached the Board. The grievance of the petitioner is that the Panchayat Secretary, the respondent herein, issued a notice, dated 27.01.2009, directing closure of the mill. He contends that the respondent has no jurisdiction to issue the impugned notice, particularly when the matter is pending before the Board. Heard learned counsel for the petitioner and Sri G.Elisha, learned Standing Counsel for the respondent. It is not in dispute that the order, dated 23.09.2008, passed by the Joint Chief Environmental Engineer, is in operation, as of now. Unless and until the said order is stayed, or set aside, by any authority, the petitioner cannot run the mill. The respondent did nothing more than reminding the petitioner of his obligation in the order, dated 27.01.2009. Therefore, it cannot be said that the notice is without basis. The Writ Petition is accordingly dismissed. There shall be no order as to costs. ________________________ L. NARASIMHA REDDY, J. Dt.30-01-2009. GJ