Remanded

Sri Veera Padmaja Oil and Flore Mills, v. The State of Andhra Pradesh

Telangana HC19 Jul 2011CRLP/4849/2011

Case brief

AI extract

What is this about?

Criminal Petition challenging an order under Section 133 Cr.P.C. directing a mill operator to shift premises due to alleged noise and environmental pollution. The Hon'ble Court set aside the order for not considering objections and lack of opportunity of hearing, directing the Magistrate to pass a fresh order within one month after hearing.

What did the court decide?

Set aside the impugned order; direct the Mandal Executive Magistrate to consider petitioner's objections after hearing and pass a fresh order within one month.

Sri Veera Padmaja Oil and Flore Mills, Vs The… — Environment and Pollution | Telangana HC (2011)

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THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL PEITION No.4849 OF 2011

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ORDER:

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This Criminal Petition is filed against the order promulgated under Section 133 Cr.P.C. in M.C.No.4 of 2011 on the file of the learned Mandal Executive Magistrate, Penumantra.

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2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the 1^st respondent-State. Perused the records.

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3. Based on a complaint given by one S.Venkat Rao and other villagers, action was initiated against the petitioner under Section 133 Cr.P.C., and by the impugned order, the learned Mandal Executive Magistrate directed the petitioner to shift the floor mill operated by him in Door No.3-9 of Penumantra village to some other place before the evening of 07.06.2011 on the ground that the running of the mill at that place is causing pollution, adversely affecting the health of the people residing in the surroundings besides causing nuisance. It is alleged that the said mill is causing both sound pollution and also environmental pollution. The Gram Panchayat is said to have issued a notice to the petitioner on 08.05.20011.

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4. Learned counsel for the petitioner would submit that the petitioner has filed his objections to the said notice before the Gram Panchayat, Penumantra.

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5. It is stated that without considering the objections filed by the petitioner, the Mandal Executive Magistrate issued the impugned order under section 133 Cr.P.C., without giving any opportunity of hearing to the petitioner, directing him to shift the mill elsewhere.

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6. In the circumstances, the impugned order is set aside and the Mandal Executive Magistrate shall consider the objections filed by the petitioner after giving an opportunity of hearing and pass appropriate orders within a period of one month from the date of receipt of a copy of this order in accordance with law.

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7. In the result, Criminal Petition is disposed of.

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_______________________ G.V.SEETHAPATHY, J 19^th July, 2011. Note: Furnish C.C. of the order within three days. B/o Tsy

Sri Veera Padmaja Oil and Flore Mills, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Sri Veera Padmaja Oil and Flore Mills, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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