M/S. Srinivasa Minerals vs The State Of Andhra Pradesh
2022 Latest Caselaw 757 AP

    HIGH COURT OF ANDHRA PRADESH AT AMARAVATI


      HON'BLE Mr. JUSTICE AHSANUDDIN AMANULLAH
                          AND
         HON'BLE Mr. JUSTICE RAVI NATH TILHARI


               WRIT PETITION No.3397 OF 2022



M/s Srinivasa Minerals,
Sy.No.358/2B, Kubadpuram Village,
Kotanemalapuri Grampanchayat,
Rajupalem Mandal, Guntur District,
Rep by its Proprietor, Gannavarapu Srinivasa Reddy,
S/o Chandra Reddy, Age 40 years, R/o. D.No.16-523/5B,
Back side of Ganganamma Temple, Piduguralla Mandal,
Guntur District.
                                          ...         Petitioner
                             Versus

1 The State of Andhra Pradesh,
  Rep. by its Principal Secretary, Environment Department,
  Secretariat Department, Amaravathi, Guntur District.
2 A P State Pollution Control Board,
  Represented by its Member Secretary,
  D.No.33-26-14, D/2, Near Sunrise Hospital,
  Pushpa Hotel Center, Kasturibai Pet,
  Vijayawada-520 010.
3 The Environmental Engineer,
  A P State Pollution Control Board,
  D No 4-5-4/5/c, 4-3, Navabharath Nagar,
  Ring Road, Guntur-522 006.
4 Central Power Distribution Corporation of A P Limited,
  Rep by its Deputy Executive Engineer,
  A.P.C.P.D.C.L. Piduguralla,
   Guntur District.

                                         ...         Respondents

Counsel for the petitioners      : Mr. N. N. Somendra Reddy,
                                   Advocate.

Counsel for the respondents      : Mr. V. Surender Reddy,
                                   Standing Counsel for
                                   the respondents no.2 and 3.

                                   Mr. Y. Nagi Reddy,
                                   Standing Counsel for the
                                   respondent no.4.
                                 2


                        ORAL JUDGMENT

                        Date : 10.02.2022

(Per Hon'ble Mr. Justice Ahsanuddin Amanullah)


        Heard Mr. N. N. Somendra Reddy, learned counsel for the

petitioner; Mr. V. Surender Reddy, learned Standing Counsel for

the respondents no.2 and 3 and Mr. Y. Nagi Reddy, learned

Standing Counsel for the respondent no.4.


2.      The petitioner has moved the Court for directing the

respondents no.2 and 3 to pass orders in terms of the direction

issued to them in order dated 22.11.2021 in W.P.No.27088 of

2021.

3.      Learned counsel for the petitioner submitted that the

petitioner-industry was directed to be closed under order dated

09.11.2021 issued by the respondent no.2.        It was contended

that pursuant to the liberty given to the petitioner by the Court

under order dated 22.11.2021 for submitting materials in

support of its contention that it is no more violating any

provisions of the Air Act and the Water Act, and the rules and

orders made thereunder, the same was duly submitted on

18.12.2021, but no order has been passed. It was submitted that

the unit was a running unit and the workers and their families

are suffering undue hardship due to inaction on the part of the

respondents no.2 and 3.

4.      Learned counsel for the respondents no.2 and 3 submitted

that if no order has been passed, the same shall be done within

ten days from today.
                                   3


5.    Having regard to the aforesaid, the writ petition stands

disposed of directing the respondents no.2 and 3 to ensure

compliance of order dated 22.11.2021 by passing appropriate

orders    on   the   representation    filed    by   the   petitioner     on

18.12.2021, latest by 21.02.2022. If the respondents no.2 and 3

approve    and   give   permission     for     the   petitioner   to    start

functioning, the respondent no.4 shall restore the power supply

within 24 hours of the petitioner communicating such order of

the respondents no.2 and 3 to the respondent no.4. The Court

would note that since already much time has elapsed and there

has been no order passed, the respondents no.2 and 3 shall

ensure that the order is passed within the time indicated

positively. There shall be no order as to costs.

6.    Miscellaneous petitions, if any pending, also stand disposed

of.


                                      ________________________________
                                       (AHSANUDDIN AMANULLAH,J)




                                             ________________________
                                             (RAVI NATH TILHARI, J)
Issue C.C. by 11.02.2022.
B/o. Pab
                            4




      HON'BLE Mr. JUSTICE AHSANUDDIN AMANULLAH
                          AND
         HON'BLE Mr. JUSTICE RAVI NATH TILHARI




            WRIT PETITION No.3397 OF 2022




                   Date : 10.02.2022




Pab
                                   5


        HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

MAIN CASE No.: WRIT PETITION No.3397 OF 2022

                          PROCEEDING SHEET

Sl.                                                                   OFFICE
                                          ORDER

No DATE NOTE

1. 10.02.2022 AHSANUDDIN AMANULLAH, J and RAVI NATH TILHARI, J

(Per Hon'ble Mr. Justice Ahsanuddin Amanullah) Writ Petition is disposed of.

(vide separate judgment) (B/o) Pab