Remanded

Erra Mallesham v. The State of Telangana

Telangana HC9 Nov 2018WP/40214/2018

Case brief

AI extract

What is this about?

This Writ Petition challenging the non-issuance of a no objection certificate for a rice mill was disposed of without merit being expressed. The single-judge bench remanded the matter to the District Collector for an expedited examination of the pending appeal.

What did the court decide?

Directed District Collector, Jagtial to examine the pending appeal and decide the same with notice to the sixth respondent within eight weeks.

Erra Mallesham Vs The State of Telangana — Environment and Pollution | Telangana HC (2018)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION NO.40214 OF 2018

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Dated 9^th November 2018

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Between:

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Erra Mallesham,S/o.Thirupathi and two others.

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…Petitioners

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And

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The State of Telangana, rep.by Principal Secretary, Panchayat Raj Department, Secretariat, Hyderabad and five others.

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…Respondents

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The Court made the following:

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION NO.40214 OF 2018

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ORDER:

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Petitioners claim to be the residents of Gollapalli Village in Jagtial District. The sixth respondent, who is the neighbour of the petitioners, is proposing to construct a Boiled Rice Mill in the adjacent property. Petitioners objected for such construction contending that it would lead to air and water pollution and it would effect the cultivation capacity of their lands. Though the petitioners filed their objections, respondents 3 and 4 issued no objection certificate. Aggrieved by the same, the petitioners filed appeal before the District Collector, Jagtial. Aggrieved by the action of the sixth respondent in continuing with the construction activity and alleging inaction on the appeal filed by the petitioners, this Writ Petition is filed.

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According to the learned Standing Counsel for Gram Panchayat, Grama Sabha was held on 20.10.2018 and as per the resolution passed in the Grama Sabha, no objection certificate was issued by following the procedure as required. 3. Having regard to the fact that appeal is pending before the District Collector, Jagtial, without expressing any opinion on merits, this Writ Petition is disposed of directing the District Collector, Jagtial to examine the appeal preferred by the petitioners and decide the same, by putting the sixth respondent on notice, as expeditiously as possible, preferably

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within a period of eight (8) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.

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____________________ (P.NAVEEN RAO, J)

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9^th November 2018 RRB

Erra Mallesham v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Erra Mallesham v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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