This is a short order where the petitioner, who had established a brick clamp, was ordered to close it within two months as he volunteered to move operations outside inherited village areas.
Petitioner directed to close brick clamp within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.6673 of 2019
ORDER
The petitioner had established a brick clamp in the year 1993 in D.Kumudavalli village, Ganapavaram Mandal, West Godavari District. It is the contention of the petitioner that this brick clamp was established only after obtaining the approval of the Gram Panchayat in its meeting dated 27.11.1993 and on the basis of the resolution passed on 28.12.1993 to carry out brick clamp operations in the village.
In the year 2018, certain complaints were given to the authorities by the residents of the village stating that the operation of the brick clamp is causing huge pollution and the said brick clamp should be closed or moved out of the village. Thereupon, a show cause notice dated 05.03.2019 was issued to the petitioner calling upon the petitioner to explain as to why the brick clamp should not be dismantled and closed. Aggrieved by the same, the petitioner approached this Court by way of W.P.No.3840 of 2019, which was disposed of on 22.03.2019, with a direction to the petitioner to submit explanation and the Secretary of the 4th respondent to consider and pass orders on the explanation so submitted.
The petitioner had filed his objections on 30.03.2019. Thereupon, the 4th respondent, who is the Secretary of the Gram Panchayat passed the impugned final notice dated 10.05.2019 requiring the petitioner to move the brick clamp out of the village. Aggrieved by the said notice, the petitioner has approached this Court by way of the present writ petition.
On 22.05.2019, the petitioner was granted protection from forcible eviction and the same was extended from time to time.
2
RRR,J W.P.No.6673 of 2019
Sri Koti Reddy Idamakanti, learned Standing Counsel appearing for the Gram Panchayat submits that the case of the petitioner is based on the resolution of the Gram Panchayat, that is said to have been passed in the year 1993. However, no such resolution was found in the records of the Gram Pancyhayat. He submits that on account of this fact and on account of the fact that the brick clamp is causing untold air pollution, the petitioner cannot be permitted to continue in the village.
Sri N.N. Somendra Reddy, learned counsel appearing for the petitioner would submit that the petitioner is proposing to move his brick clamp out of the village and requires time to wind up his operations within the village and move outside the inhabited areas of the village.
In view of the fact that the petitioner himself is willing to move out of the inhabited areas of the village, this writ petition is disposed of recording the said submission with a further direction to the petitioner to close down the brick clamp set up within D.Kumudavalli village, Ganapavaram Mandal, West Godavari District, within a period of two months from today. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
__________________________ R. RAGHUNANDAN RAO, J.
18th April, 2022 Js.
3
RRR,J W.P.No.6673 of 2019
HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.6673 of 2019
18th April, 2022
Js
Petitioner
Secretary of the Gram Panchayat (4th Respondent)
Gram Panchayat
R. RAGHUNANDAN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
