The High Court · 2025

...RESPONDENTS Petition under Articre 226 0I the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue an appropriate writ, order or direction more particurarry one in the nature of writ of Mandamus decraring the action of the respondents particurarry 4th respondent in issuing show cause notice vide order No. KGM- EC/TSPCB/u-vtrFr2o2o-1s85 dated 27r01r2o24 and the demand notice order No. KG M-0 1 /TG P CB lU -V I tT F I 2023-636 dated 20 t 07 t 2024 and Order No. KG M-0.1 / TGPcB/u-vl/TF12023-636 dated 2olo7l2o24 issued contrary to the Letter of the 5th respondent_vide Lr.No.2040lccl2o1z dated 2010412024 without taking into consideration reply given by the petitioner to the show cause notice vide order No. KGM-EC/TsPcB/u-virFlzo2o-1sls dated 27t01 t2024 as iilegat, arbitrary, unreasonable, violation of Principles of natural justice and violation of Article 14, 21 of the constitution of lndia and consequently set-aside the demand notice order No.KGM-01/TGPcB/u-vlrfFno23-636 dated 2oto7t2o24 and order No.KGM-01/ TGPcB/u-vl/TFt2o23-6a6 dared 20107t2024 issued by the 4th respondent in the interest of justice. 1A 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 to suspend the demand notice vide order No. orderNo .KGM-o1/TGpcB/u- vurF12023-636 dated 2010712024 and order No .KGM-01/ TGpcB/u-vt/TFt2o23- 636 dated 2olo7l2o24 issued by the 4th respondent as illegal, arbitrary, unreasonable, violation of principles of natural justice, violation of Articles 14, 2.1 of the Constitution o{ lndia. Counsel for the Petitioner : SRI KIRAN REDDY MALLARAPU Counsel for the Respondents No.I, 2, 5 & 6: Gp FOR MINES AND GEOLOGY Counset for the Respondents No.3 & 4 : SRt zEE?ffirrftDNAN MAHMOOD, The Gourt made the following: ORDER t THE HON'BLE SRI JUSTICE T. VINOD KUMAR AND THE HON'BLE SMT JUSTICE P.SREE SUDHA trRIT PETITION No.2468 of 2025 ORDER: (per Hon'ble Sn Justice T.Vinod Kumar) Heard learned counsei for the petitioner, learned Government Pleader for Mines & Geolory appearing for respondent Nos.1, 2, 5 & 6, Sri Zeeshan Adnan Mahamood, learned Standing Counsel appearing for respondent Nos.3 & 4, and with the consent of the iearned counsel appearing for the respective parties, the Writ Petition is taken up for hearing and disposal at admission stage.

2. Shorn of unnecessary details, the case of the petitioner, in brief, is that the respondents-authorities have issued a show-cause notice, dt.t1.12.2023 initiaily, and thereafter another show-cause notice, d1.27.O1.2024; that on being issued with above mentioned show cause notices, the petitioner had submitted his explanation on 24.04.2024; that the respondents have passed the impugned order, dt.20.07.2024, without considering the explanation submitted by the petitioner; and thus, the impugned order and the consequential demand raised are in violation of principles of natural justice.

3. Learned Government Pleader and the learned Standing Counsel appearing on behalf of the respondents, on the other hand, would submit that the petitioner did not submit any explanation to both the show-cause notices within the time granted thereunder; that as the petitioner failed to su bmit explanation, the au thorities have issued 2 notice of hearing; that the petitioner had attended the personal hearing; and that the respondents duly considering the submissions made by the petitioner at the personal hearing and also the represen tation / explanation submitted on 24.O4.2024, have passcd the impugned order.

4. Learned Government pleader and learned Standing Counsel, would further submit that since, the impugned order has been passed aftcr giving sufficient time to the petitioner to submit explanation and aiso granting an opportunity of hearing, the impugned order cannot be said to be as having been passed in violation of principles.of natural justice.

5. Learned Government pleader would further submit that since, the impugned order is an appealable order in terms of the provisions Air (Prevention and Control of pollution) Act, 19g 1 and Water (Preve ntion and Control of Pollution) AcL, I974, petitioner should be relegated to avail the remedy of appeal provided under the said Acts.

6. We have taken note of the respective submissions made.

7. Though it is contended on behalf of the petitioner that the objections frled by the petitioner, in response to the show-cause notice issued, having not been considered, a perusal of the impugned order would show that not only the said explanation submitted has been taken into consideration, but also an opportunit5r of personal hearing was afforded to the petitioner, before passing the impugned order. nI 3 Thus, the petitioner cannot claim of the impugned order having been passed in violation of principles of natural justice . B. Since , the impugned order having been passed in terms of the provisions of the Act, and inasmuch as the aforesaid Act provides for appellate remedy, this Court is of the view that q.ithout expressing any opinion on the merits of the mafter, the petitioner should be relegated to avail the remedy of appeal as provided under the aforesaid Act. 9 Subject to the above observations, the Writ petition is disposed of. No order as to costs

10. Consequently, miscellaneous petitions pending, if any, shall stand closed in the light of this hnal order. To, //TRUE COPYII AS Sd/- K. AMMAJI ANT REGISTRAR ECTION OFFICER 1 The Principal Secretary-Cum-Revision Authority, (Mines and Geology) lndustries and Commerce (Mines-l) Department, Government of Telangani, State of Telangana, Secretariat Building, Tank Bund, Hyderabad, Telangana. The Director of Mines and Geology, Government of Telangana, 2nd Floor, My Homes, Sarovar Complex, Hyderabad, Telangana. The Member Secretary, Board Office, TSPCB Paryavarana Bhavan, A3, lndustrial Estate, Sanath Nagar, Hyderabad. The Environmental Engineer, Telangana Pollution Control Board, Regional -Area, Office, Beside MRO Office, A Power House Basti, SCCL Head Office Kothagudem - 507 101. The Assistant Director of Mines and Geology, Bhadradri-Kothagudem District. Deputy Director of Mines and Geology, Warangal. One CC to SRI KIRAN REDDY MALLARAPU, Advocate. [OPUC] Two CCs to GP FOR MINES AND GEOLOGY, High Court for the State of Telangana. [OUT] One CC to SRI ZEESHAN ADNAN MAHMOOD, SC for Telangana Pollution Control Board. [OPUC] Two CD Copies. 2 3 4 5 6 7 o o BSK MP HIGH COURT DATED:2910112025 ORDER WP.No.2468 of 2025 rre 5lA/ 1 $ ( cJ3 2t ri3 2[25 \ C, * D€51,1 1 6rrr' a DISPOSING OF THE WRIT PETITION WITHOUT COSTS {