Telangana High Court
WP/25776/2008 of N. Nageswara Rao Vs Andhra Pradesh Pollution Control Board, on 29 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 25776 of 2008 Between: N.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICEand THE HON'BLE MR JUSTICE R.SUBHASH REDDY
WRIT PETITION NO : 25776 of 2008
Between:
N. Nageswara Rao S/o. Veeraiah
R/o. Teachers Colony, Jaggaiahpet, Krishna District.
AND
..... PETITIONER
1 Andhra Pradesh Pollution Control Board, Paryavaran Bhavan, A-3,Industrial Estate, Sanathnagar, Hyderabad, rep. by its Member Secretary.
2 The Environmental Engineer (FAC), Andhra Pradesh PollutionControl Board, Plot No.41, Sri Kanakadurga Officer's Colony, Gurunanak Road, Vijayawada,Krishna District.
3 M/s. Rajiv Gandhi Fly Ash Products Teachers' colony, 23rd Ward,beside NH-9, Jaggaiahpet Village & Mandal, Krishna District.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that inthe circumstances stated in the Affidavit filed herein the High Court will bepleased to to issue a writ or order or direction more in the nature of Writ ofMandamus declaring the action of the respondents in not initiating thesteps preventing the 3rd respondent industry from running Fly Ash BrickIndustry in he residential locality even in spite of completion of specifiedperiod permitted by the 1st respondent as arbitrary and illegal andconsequently direct the respondents No.1 and 2 to initiate proceedingsforthwith preventing the 3rd respondent from running the Fly Ash BrickIndustry in the Teachers' Colony, 23rd ward, Jaggaiahpet, Krishna Districtin the interest of justice.
Counsel for the Petitioner:MR.P.NAGENDRA REDDY
Counsel for the Respondent No.: .
The Court made the following :
ORAL ORDER: (Per Sri Anil R. Dave, CJ)
This is a public interest litigation, wherein it has been alleged thatrespondent No.3 is running a Fly Ash Brick Industry in a residentiallocality and in spite of a complaint being made to respondent No.1, noaction has been taken by it for the closure of respondent No.3-industry.
Learned Advocate Sri Y. Srinivasa Murthy has appeared forrespondent No.1 and has submitted that the petitioner is having hisresidence in an industrial zone and for the said reason he should nothave made a grievance against respondent No.3 which is an industry inan industrial zone. It has been however submitted by the learnedAdvocate appearing for respondent No.1-Board that a closure notice hadalready been given to respondent No.3 because of certain irregularitiescommitted by it.
In view of the above fact, we do not find any substance in this publicinterest litigation and, therefore, the petition is disposed of with no orderas to costs.
________________________
ANIL R. DAVE, CJ
________________________R. SUBHASH REDDY, J