This court dismissed a contempt case alleging non-compliance of a previous order regarding pollution. The contemnor stated that inspections were conducted and appropriate steps taken, leading the bench to find no further orders necessary.
Contempt case dismissed; miscellaneous applications closed; no order as to costs.
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
FRIDAY, THE TWELFTH DAY OF JULY TWO THOUSAND AND FOURTEEN
PRESENT
THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR AND
THE HON’BLR SRI JUSTICE T. SUNIL CHOWDARY
CONTEMPT CASE No.1550 of 2013
BETWEEN
G. Kgannata Reddy.
…PETITIONER
AND
Sri. Girija Sankar, District Collector, Mahaboob Nagar District and two others.
…RESPONDENTS
Counsel for the Petitioner: MR. SURESH KUMAR REDDY KALAVA Counsel for the Respondent: GP FOR REVENUE
The Court made the following order:
ORDER: (per Hon’ble Sri Justice Vilas V. Afzulpurkar)
This contempt case alleges non-compliance of the order of this Court in WP.No.8947 of 2013 dated 02.04.2013.
2. The grievance of the petitioner in the aforesaid writ petition, being water and air pollution caused by the fourth respondent, though brought to the notice of respondents 1 to 3 under representation dated 28.02.013, no action is taken on the said representation. This Court,
therefore, directed the respondents to consider the aforesaid representation of the petitioner and take appropriate steps after notice to the affected parties.
3. The Collector, respondent No.1 herein, has filed a counter affidavit, inter alia, stating that as soon as the orders of this Court were received, the Member Secretary of the A.P. Pollution Control Board was requested to inspect the premises of the fourth respondent in the writ petition under letter of the Collector dated 27.05.2013 and thereafter, the Member Secretary as well as the Pollution Control Board has carried out inspection and on noticing violations, appropriate steps are taken. It is stated that the Pollution Control Board has also advised the State Bank of India to invoke the bank guarantee furnished by the fourth respondent in favour of the Pollution Control Board. However, questioning that, WP.No.14546 of 2013 is stated to have been filed by the fourth respondent in the writ petition and has sought stay of invocation of the bank guarantee. Interim order was granted by this Court in the said writ petition staying invocation and also directed the writ petitioner therein to comply with the conditions, as prescribed by the Pollution Control Board. It is, however, stated that the said company is now not in operation as per the officials of the Regional Office of the Pollution Control Board and it is further stated that the Pollution Control Board will monitor and verify the compliance of the directions of the Task Force dated 12.12.2012.
4. In view of the said averments, since appropriate steps are already taken by the Collector as well as the Pollution Control Board, no further orders are necessary in this contempt case.
The contempt case is dismissed. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
_____________________ VILAS V. AFZULPURKAR, J
___________________ T. SUNIL CHOWDARY, J
September 12, 2014 DSK
1 issue framed by the court
Whether further orders are necessary in the contempt case when appropriate steps have already been taken by the Collector and Pollution Control Board.
G. Kgannata Reddy
Sri. Girija Sankar
VILAS V. AFZULPURKAR
T. SUNIL CHOWDARY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
