Allowed

Sri Lakshmi Narayna Industries v. The State of Andhra Pradesh

Andhra Pradesh HC14 Mar 2022WP/6352/2022

Case brief

AI extract

What is this about?

The Court disposed of writ petitions challenging closure orders against small scale poultry grit units. The Court directed the petitioners to rectify deficiencies and submit applications for inspection. Upon compliance and satisfaction, the Board must take necessary action within two days and power authorities must restore supply.

What did the court decide?

Petitioners directed to rectify deficiencies and submit applications. Board to cause inspection and take action within two days. Power supply to be restored upon satisfaction of compliance.

Sri Lakshmi Narayna Industries Vs The… — Pension and Retirement Benefits | Andhra Pradesh HC (2022)

¶1

HON'BLE SRI JUSTICE A.V.SESHA SAI AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

¶2

WRIT PETITION Nos.6344, 6347, 6352 and 6355 of 2022

¶3

COMMON ORDER:-

¶4

Since the petitioners in all these cases share similar grievance, this Court deems it appropriate to dispose of these Writ Petitions by way of this common order.

¶5

Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioners, Sri V.Surendra Reddy, learned Standing Counsel for Andhra Pradesh Pollution Control Board for respondent Nos.2 to 4 and Sri Y.Nagi Reddy, learned Standing Counsel for respondent No.3.

¶6

Orders passed by the Andhra Pradesh Pollution Control Board, dated 28.02.2022, declining to revoke the orders of closure, passed earlier are under challenge in these Writ Petitions.

¶7

Petitioners in all these cases are small scale industries, engaged in the business of production of poultry grit, situated at Kotanemalipuri Village, Rajupalem Mandal, Guntur District. On the ground that the petitioners herein did not comply with the mandatory requirements, under the provisions of Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974, the Andhra Pradesh Pollution Control Board, issued the orders of closure of the petitioners industries. Petitioners herein submitted representations, requesting the Andhra Pradesh Pollution Control Board to revoke the said orders of closure, while stating that they have rectified all the

¶8

¶9

deficiencies as pointed out in the show-cause notices. By way of the orders impugned in the present Writ Petitions, the Andhra Pradesh Pollution Control Board, declined to consider the said request on the ground that still some more deficiencies are not rectified.

¶10

During the course of hearing, it is submitted by the learned counsel for the petitioners, that only certain deficiencies are required to be rectified by the petitioners and there is absolutely no justification on the part of the respondents-Andhra Pradesh Pollution Control Board, in continuing the orders of closure of the units on the basis of said minor deficiencies.

¶11

On the other hand, Sri V.Surendra Reddy, learned Standing Counsel for the Andhra Pradesh Pollution Control Board for respondent Nos.2 and 4, on instructions, submits that if the petitioners herein comply with all the mandatory requirements and cures all the deficiencies pointed out in the impugned orders dated 28.02.2022, and if the petitioners herein make applications, giving details to the said effect, the same will be considered immediately. It is also brought to the notice of this Court by the learned Standing Counsel that in similar circumstances, this Court disposed of W.P.No.3976 of 2022. A copy of the said order is placed on record.

¶12

Taking into consideration, the aforementioned facts and circumstances of the cases and keeping in view the order passed by this Court in W.P.No.3976 of 2022 on 16.02.2022, these Writ Petitions are also disposed of in terms thereof, with a direction to the petitioners to comply with all the deficiencies pointed out by

¶13

the Andhra Pradesh Pollution Control Board and submit applications to the said effect to the Board and immediately after receipt of the said explanation, the Board shall cause the inspection done and necessary action shall be taken, within a period of two days from the date of submission of such applications by the petitioners. It is needless to observe that if the petitioners herein comply with all the mandatory requirements as indicated in the impugned orders dated 28.02.2022 and if the Board is satisfied with the said compliance after inspection, immediately after passing the order in the aforesaid manner, the electricity authorities shall restore the power supply to the petitioners. It is also further made clear that the order to be passed by the respondents herein in the manner indicated surpa, shall necessarily be a speaking orders. There shall be no order as to costs.

¶14

Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

¶15

JUSTICE A.V.SESHA SAI

¶16

________________________________ JUSTICE RAVI CHEEMALAPATI

¶17

Date:14.03.2022 VSL

¶18

¶19

HON'BLE SRI JUSTICE A.V.SESHA SAI AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI

¶20