✦ High Court of India · 19 Aug 2025

One CC to SRt v. NARSTMHA GOUD, S.C. for HtvtDA tOpUCl

Case Details High Court of India · 19 Aug 2025
Court
High Court of India
Decided
19 Aug 2025
Length
1,329 words

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any order, direction or Writ, more particularly in the nature of Writ of Mandamus ...RESPONDENTS b C a . Declaring the initiation and conduct of proceedingr; vide Lr. No. 3-GEN/RRD/TSpCB/RO_RRD/2024, without providing a copy of the documents referred r vide Lr No. 3-GE N/RRD/TSPCB/RO- RRD t2024_62e the Principles of Natural Justice Declaring the inaction of the Respondents in not pr( CFO applications Dt. 28 08.2023 & 20 10.2023 subnrr as being illegal, arbitrary and unconstitutiona l; Declaring the action of the Respondents No. 4 & 5 in No. RR-IJTSpCB/TFIBO/UH_VU2_23_787 dt. 14.0g.. 1- /TSPCB/TF/BO1UH_V\\2-23_7BB dt 14 og.2023. I to furnish Bank Guarantee of Rs. 24 Lakhs and th r directing to pay Rs. 46 1Z .966t_ towards consent fee , atbilrary , illegal and un constitutiona I Consequently quash the proceedings initiated vide, TSPCB/RO-RRDt2O24-626, dt. 06.08 2024 and the ( /TSpcB/TF/130tuH-vU2_23_787 dt. 14.0g2023 /TSPCB/TF/ BOtUH_vv2_23_788 dt 14.Og.2023 18.01 .2024 issued to the petitioner Direct Respondents to forthwith consider the CFE anc 28 08.2023 & 20 10.2023 fited by the petitioner her: penalties imposed and bank guarantee levied upon thr: d e by Respondent No. 4 )26, dt 06.08 2024 Letter Dt 06.08.2024 rs being in violation of cessing the CFE and ted by the Petitioners ;suing the Order vide 023, Order No. RR- recting the Petitioner mail dt 18 01 .2024. nd penalty, as being Lr. No 3-GEN/RRD/ 'rder vide No. RR-l- Order No. RR-l- rnd the [\/ail dt )FO applications dt. n and to waive the Petitioner. lA NO: 1 OF 2025 Petition under Section 151 cpc praying that in the cir: rmstances stated in the affidavit filed in support of the petition, the High Cour nay be pleased to direct the Respondents, more particurarry 4th Respondent tr stay aI the further proceedings initiated vide Lr. No 3-GEN/RRD/rspcB/RC- 1RDr2o24_626, dt 06 08 2024 pursuant to the compraint dt- 15.12.2023, pending the drsposar of the above Writ Petition. lA NO:2 OF 2025 Petition under section 151 cpc praying that in the circr nstances stated in the affidavit filed in support of the petition, the High Court r ray be pleased to direct the Respondents, more particularly 4th Respondent to forthwith consider the CFE and CFO applications dt. 28.08.2023 &20 10.2023 submitted by the Petitioner, pending the disposal of the above Writ petition. Counsel for the Petitioner: SRI VADEENDRA JOSHI Counsel for the Respondents No.1 to 5: SRI ZEESHAN ADNAN MAHMOOD, S.C. FOR TSPCB Counsel for the Respondent No.6: SRI V. NARSTMHA GOUD, S.C. FOR HMDA Counsel for the Respondent No.7: Ms. M. BHAGyA SRl, S.C- FOR MUNICIPAL CORPORATION The Court made the following: ORDER HON'BLE SRI JUSTICE ABHINAND KUMAIT JHAVILI HoN,BLE SRI JUSTICE VAlilTDI RAMAKRISH}.I \ REDDY W.p.No.24408 OF 2025 ORDER: (t ". 1 to,'tt, S,1u:t;n .,lhbitantt Kmtar J.hauiti) Aggrieved by non-fumishing of sevenl rele :ences, which were referred in the proceedings dated 06.0g.::( 24, this wrir perition is filed by the peritioner..

2. Fleard Sn Vadeendra Joshi, leamed cor nsel for the petitioner, Sri Zeeshan Adnan lUa.hmood, lea.r ed Standing C-ounse.l for Telangana State poliution C_ontrol Bor rd appearing for respondent Nos.1 ro 5, Sri V.Narsimha (l rud, Ieamed Standing Counsel for HMDA appearing for resl; rndent No.6 and lv[s. M Bhagya Sri, leamed Standing Counsel : ppearing for respondent No.Z-Municipal Co-poration.

3. Leamed counsel appearing for the p: itioner had contended that on a complaint rnde by one G.S.L.Prakash, the 4,r, respondent uide procr<Cings dated

46.48.2024 directed the petitioner ro appear b: ore rhe 1,, 1 respondent-Telangana State Pollution Control Board on

09.08.2024, for funher enquiry. In the said proceedings, several references were referred. Hence, the petitioner requested the 1,, respondent to fumish the deails of rhe references which were referred in the proceedings dated 06.08.2024. In spite of the same, 1., respondent has not fumished said details. 4 Leamed counsel appearing for the petitioner had further contended thar let rhe 1', respondent fumish the details of the references referred in the proceedmgs dated 06.08.2024 ro the petitioner so as ro enable him to appear before the 1t, respondent and project his case in an appropriate manner. Therefore, appropriate orders be passed in the writ petition by directing the 1.., respondent to f,rrnish the references referred 1n the proceedings dated 06.08.2024 to the petitioner within a reasonable period of time so as to enable the petitioner to appear before the l.rrespondent and presenr his case effecdvely. 5 Leamed Standing G,unsel appearing for the 1', respcndent-Pollution Crntrol Board had contended that the references referred in the proceedings dated 06.03 2024 wll not help the petitioner and thar the petitioner has no_ requested for the ref-erences in the form of a represenration : r c[ hence, the respondents ha'e not furnished the reference; which were relerred in rhe proceedings dated 06.0g.2024. If he petitioner s ubmits a representarion ro the 1,, respon,J :nt, rhe 1,, respondenr would consider the same and pais appropriate o rders.

6. Fhving considered the rival submissions nade by the leamed counsel on either side, this Crun is of the . iew that this \Writ Petition can be disposed oi by directing thr ;eritioner ro submit a derailed representation ro rhe 1.r respo r ienr seeking details of rht: refert:nces, which rvere referred in th: proceedings dated 06.08.2a24. On such representation being :eceived, 1,, respondent shall co.sider the same, and fumish tl: references to the petitioner u,ithin a reasonable period of time 7 Accordingly, the Writ Petition is disposed rr . No cosrs. 4 Miscellaneous petitions, if any, pending shall stand closed. To //TRUE COPY// SD/-A. JAYASREE TANT REGISTRAR SECTION OFFICER Ih" lvlember Secretary, Telanqana Hary^av-arana Bhavan, A_'lll, Indus[rial 50001 B State Estate, Pollution Control Board, ^ Sananthnagar, Hyderabad , Iffir,:in"nana Authority, A-3, t nd u stria t'rstate, sa n-it'tr n r g;'i,' ii"yj;r" urd _ 5000 1 8 State poilution Controt Board, Regionat Office, Ranga Reddy 3. The Member Secretary, State Level Environment lmpact Assessment 4. The Environmental Engineer, TSpCB, Regional Office, Rangareddy District. 5. The Senior Environmental Engineer, TSpCB, Sanathnagar, Hyderabad. 6. The Commissioner. Hvderabad Metropolitan Development Swarna Javanthr , Commercial Comptex Ameerpet, ff VaerlOaJ _ s"o"ob"Oe Bandtaguda Jagir Municipat Corporation, Ranga Reddy I[:r,Sirrissioner, 8 One CC to SRt VADEENDRA JOSH|, Advocate [OpUC] 9 One CC to SRt ZEESHAN ADNAN MAHIMOOD, S C for TSPCB [OPUC] 10.One CC to SRt V. NARSTMHA GOUD, S.C. for HtvtDA tOpUCl 1'1 One CC to Ms. M. BHAGYA SRl, S.C. for Municipal Corporation tOpUCl .12. Two CD Copies MP BS HIGH COURT DIr l-ED:1910812025 i.'. ?ffi \- ORDER WP.Nr .24408 ot 2025 DISPOSING OF THE \I/RIT PETITION WII'HOUT COSTS @ W 6V

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