✦ High Court of India · 03 Sep 2025

The High Court · 2025

Case Details High Court of India · 03 Sep 2025
Court
High Court of India
Decided
03 Sep 2025
Bench
Not available
Length
1,655 words

5) Smt. Surakanti Soni, W/o. Mr.V.Anil Kumai Reddy, Occ: Agriculture, Aged 30 years, R/o. H.No.1-54, Sri Ramulapally Viilage, Ramadugu Mandal, Karimnagar District. 6) Mr. Bhoothkuri Lachaiah, S/o. Mr.BhoothkuriMalaiah, Occ: Agriculture, Aged 64 years, R/o. H.No.1-67, Sri Ramutapally Village, Ramadugu Mandd, Karimnagar District. T I I 7) Mr, Bhoothl<uri N arsaiah, S/o. Bhoothkrrri Durgaiah, Occ: Agriculture, Aged 59 Years, R/o. H.No.1-7 i, Sri Ramulapally Village, Ramadugu Mendal. Karimnagar District. B)Mr.Ogg:rri B,:er aiah, S/o Komraiah, Aged 6O years Occ: Agnculture, R/o, H.No.5- 1 3 i,Sri Ramulapally Village, Ramadugu Ma ncial. Karimnagar D strict. 9) Smt.Vontelz, Padma, W/o. Mr.Vontt:la Ragi Reddy, Occ: Agricu ltu re, Aged 44 years, R/o. H.No.1-37, Sri Ramulapally Village, Ramadugu Mandal, Karimnagar District. 1O) Mr. Vonteli Raghava Reddy, S/o. Mr. Ram Redcly, Occ: Agriculture, Aged 60 years, R/o. H.No.l-3)11, Sri Ramulapally Village, Ramadugu Mandal, Karimnagar District. 11) Mr.VontelzL Narshima Reddy, S/o. Mr.Vonteta Raghava Reddl', Occ: Agriculture, Aged 69 years, R/o. H.No.l-4ll 1. Sri Ramulapally Village, Ramadugu Mandal, Karimnagar District . 12) Smt.Vontela Shoba, W/o. Mr.Tirupathi ReddY, Occ: Agriculture, Aged 55 Years, R/o. H.No. 1-6 / I . Sri Ramulapally Village, Ramadugu Mandal, Karimnagar District. 13) Mr.Vutkoori Anil Kun.r ar Reddy, S/o Mr.R:Lm Redd.y. Aged 34 Years, Occ: Agriculture, R/o. H.No. 1-54, Sriramulapalll' Vil lage, Ramadugu Manda,l, Karimnagar D str-ict. I. r 14) Mr.V.Ram Reddy, S/o. Mr.V.Malla Reddy, Occ: Agriculture, Aged 61 years, R,/o. H.No.1 54, Sri Ramulapally Village, Ramadugu Mandal, Karimnagar Districl. 15) Mr.Vontela Raji Reddy, S/o. Mr.Vontela Raghava Reddy, Occ: Agriculture, Age 69 years, R/o. H.No.i-7l1, Sri Ramulapalty Village, Ramadugu Mandal, Karimnagar District. . . . Petitioners AND

1. The State of Telangana, Rep. by its Principal Secretary, --Revenue Department, Dr. B.R. Ambedkar Bhaval, Secretariat, Hvderabad.

2. The District Collector & Magistrate, Karimnagar District, Office of Collectorate Karimnagar, Telalgala State - SOSOO1.

3. The Revenue Divisional Officer, Ramadugu Mandal, Karimnagar District Telangana State - 505 53 l.

4. The Tahsildar & Jt. Sub Registrar, Ramadugu Mandal, Karim nagar District, Telangala State.

5. The Panchayat Secretar5z, Sriramulapally Gram panchayath, Ramadugu Mandal, Karimnagar District, TS.

6. The Deputy Chief Inspector of Factories. Collector Oflice Road, Mukarampura, Karimnagar District, Teialgala State 50500i

7. The Director of Town planning, Bhagathnagar, Mukarampura, Karimnagar, Telangala 50SO0 1. l .- I I I I q

8. Thc Pollution Control Board, Zonal Olfice, Hyderabad, Represenlec. bj. its Chiet Environmental Engineer, H.No.6 31219, TS No.1 Part, Block No.C, Ward No.91, Near Country Club, Uma Nagar, Bcgumpet, Hyderabad 5OOO16

9. M/s. Sri Venkata Lakshmi Narasimha Agro In,Custries, Rcp. by Sri r/.Venkatararnala Reddy, H.No.1 1, Rmadugu Mandal, Sriramululapally Village. Karimnagar District, Telangana - 505531.

10. Sri V.Venkataramana Reddy, S/o Mr. Narirsimha Reddy, aged 52 years, Occ: Partner of M / s. Sri Ve:rkata Lakshmi Narasimha Agro Industries. H.No.l .1, Rrmadugu Mandal, Sri Ramululapalll' viilage, Karimnagar District, Telalgana - 50553 1 .

11. Sri M.Rzrmanand Sagar, S/o Mr.Gargaiah aged about: 30 years, Occ: Partner ol M/s. Sri Verrkata Lakshmi Narasimha Agro Industries, R/o of Gopalraopet Village, Ramadugu Mandal, Kalimnagar District, Telangana - 505531. .. ..Respondents Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Cdurt may be pleased to iss Je appropriate Writ, Direction or Order, mo.e iarticularly in the nature of WRI-- OF N/ANDAMUS, declaring that the permis:;ion accorded by 4th 6th to 8th re';pondents vide proceeding No.2500436134 dated. 1O10712025 issued by the 4th Respondent, vide approval - D.Dis.fuKMNFll552l2025 issued by the 6th Respondent daled. 1610112025, the Approval/permission Lr.No.11/ 2025lDTCPOll'<.NR issued by the 7th Respondent dated.lE;10712025 and Order No.1396- RGl,l/TGPCB/ZO-HYD/CFE/TG-iPASS/2025-825 dated. 2210712025 issued by [he RespondenI No.8 respectively in favour of 9th Respondent represented by 'l0th and 1 1th Respondent is illegal, unjust, arbitrary against the natural justice, anC vrolative of Article 14 and 21 of the Constitution of lndia and violative of provisions of Water (Prevention and Control of Po lution) Act 1974 and also Air (Prevt:ntion and Control of Pollution) Act 1981 and consequen y set aside the same |.A.NO:1 OF 2025 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the permissions issued by 4th 6th to 8th respondents vide proceeding No.2500436'1 34, dated. 1O1O712025 issued by the 4th Respondent, vide approval - D.Dis.A/KMNN55212025 issued by the 6th Respondent dated. 1610712025, the Approval/permission - Lr.No.11l 202S|DTCPOIKNR issued by the 7th Respondent dated1\l1712025 and Order No.1396-RGMITGPCBIZO-HYD/CFE/TG- iPASS/2025-825, dl. 2210712025 issued by the Respondent No.B respectively in favour of 9th Respondent represented by 1Oth and 'l 1th Respondent. Counsel for the Petitioners : SRI CH.VENU KUMAR Counsel forthe Respondent Nos.1 to 4 & 6 : SRI L.RAVINDER, AGP FOR REVENUE Counsel for the Respondent No.5 : SRI K.PRADEEP REDDY Counsel for the Respondent No.7 : G.P FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.8 : SRI ZEESHAN ADNAN Counsel for the Respondent Nos.9 to 11 : - The Court made the following ORDER -/ THE;HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.26495 of 2o25 ORDER: Heard learned counsel for petitioners, Sri L.Ravinler, learned Assistant Government Pleader for Revenue for rr:spondent Nos.7 to 7 and Sri Ze,:shan Adnan, learned Standing Counsel appearing.for respondent No.tl

2. Petitiorrers are fifteen in number and they are claiming to be owners or-r,irrious extents of lands. They are n'sidents of Sri Ramulapalle Village, Ramadugu Mandal, Karimnzrgar District They are all larmers. In proof of the same, they l-rave filed copies of title deeds. It is the specific allegation of the petitioners herein that respondent No.9 has obtained NAI,A 'conversion I order dated lO.O7 .2025 and Consent Order for establishment of Rice Mill dz ted. 22.07.2025 frorn respondent No.B and also permanent Factory License from responderLl No.6 for establishing Parboiled Rice Mill in the name artrl style of Sri Venkata Lal:shmi Narasimha Agro Industries. Respondent Nos.10 and 1 1 are the partners of responclt rl No.9. If respondent Itlos.9 and 1O establish the said Parboilr:d Rice Mill, KL, .I W I'. No.2 6495 OF 2025 it will cause pollution to the petitioners' agricultural lands - Therefore, they have submitted representations dated

06.o8.2025, 30.o7.2025, 12.O8.2025, 21.O8-2025 and

18.O8.2025 to the respondents with a request to cancel the said permission issued in favour of respondent No 9 ' Despite receiving and acknowledging the said representations, the respondent authorities did not act upon the same' Aggrieved by the said inaction of the respondents, the petitioners fiLed the present writ Petition.

3. Whereas, Sri Zeeshan Adnan, learned Standing Counsel appearing for respondent No.S, on instructions, would submit that the Consent Order dated 22.O7 .2025 of respondent No 8 is an appealable order in terms of Section 28 of the Water (Prevention And Control of Pollution) Act, 1974 (for short, '1974 I Act') and Section 31 of the Air (PreVention And Control of Pollution) Act, 1981 (for short, '1981 Act') and the appeal lies to the Telangana Pollution Control Appellate Authority under the aforesaid statutes. In the light of the said submissions, the writ petition is 4. d.isposed of granting liberty to the petitioners to prefer the statutory appeal in terms of Section 28 of 1974 Act and Section KL, J W. P. No.26495 OF 2025 31 of 19Bl {ct before the appeilate authority i.e., the Telangana pollution Crrntrol Appellate Authority for the State of Telangana. On fi1ing of ;uch an appeal, the appellate authority' sha1l dispose of the sam: strictly in accordance with 1aw, trv putting the petitioners ztnd respondent Nos.9 to 11 on notice' and affording them an opf,ortunity. Respondent Nos.4 and 6 are directed to consider tlLe aforesaid representations submitted by the petitioners 1o cancel the proceedings dated 22.O7 .2025 issued by them, converting the said lands from agricultural to non- agricultural, by following due procedure laid dorvn under law. There sha1l be no order as to costs. As a sequel, the miscellaneous applical-ions, if any, pending in this writ petition shal1 stand closed. //TRUE COPY// SD/.C. PONNA KRISHNA ASSISTANT REGISTRAR Q_-_ SECTION OFFICER To \ l+l:,Erff aitilHffi#n1t?'?;#ffii{'l;1:,jT0",:i:,"'""" '' dH#;j;,i<uii.n'g", Telinsana state - 505001 " fi; ri;;;;ie Divisioial bfficerlRamadugu Mandal' Karimnagar District -' 4. il;li#;1,Eir.o li. SuL-Registrar, Ramadugu Mandal Karimnagar District' Telanqana State - 505 531' Telangana State' -'

5. The Panchayat Secretary, Sriramulapally Gram Panchayath, Ramadugu Mandal, Karimnagar District, T.S.

6. The Deputy Chief lnspector of Factories, Collector Office Road, lVukarampura, Karimnagar District, Telangana State 505001 .

7. The Director of Town Planning, Bhagathnagar, Mukarampura, Karimnagar, Telangana -505001. B. The Chief Environmental Engineer, Pollution Control Board, Zonal Office, Hyderabad, H.No 6-3-1219, TS No.1 Part, Block No.C, Ward No.91, Near Country Club, Uma Nagar, Begumpet, Hyderabad - 500016. Hyderabad. [OUT]

9. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at

10.Two CCs to G.P FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPrUENT, High Court for the State of Telangana at Hyderabad. [OUT] . One CC to SRI K.PRADEEP REDDY, Advocate (OpUC) 1 '1 12.One CC to SRI CH.VENU KUMAR, Advocate IOPUC] '13. One CC to SRI ZEESHAN ADNAN, Advocate (OPUC) 14.Two CD Copies SA GJP t HIGH COURT \ KL,J DATED:0310912025 , . '-::. .r l:. . . 1g PSE 2025 il . .-; -' ORDER WP.No.264tl5 of 2025 DISPOSING OF THE W.P WITHOUT C:OSTS. \.(

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