Disposed
Tulsi Food Products v. The State of Telangana and Another
Telangana HCWP/7103/2020
Case brief
from the order text
What is this about?
THE STATE OF TELANGANA AT HYDERABAD (Special…
What the court decided
AI extract
THE STATE OF TELANGANA AT HYDERABAD (Special…
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE THE CHIEF JUSTICE HIMA KOHLI AND THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 7103 AND 7242 OF 2020
WRIT PETITION NO: 7103 OF 2020
Between:
Tulsi Food Products, Proprietor Mr. Jagdish Prasada Kolaria S/o. Mr. Kolaria,FVo. c/o Plot No.263,Tata Nagar, Rajendra Nagar, R.R. District.
...,ET'T'ONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution oflndia praying that in the circumstances stated in the affidavit filedtherewith, the HighCourt may be pleased topass an order, direction or a writparticularly in the nature of Writ of Mandamus declaring that the impugned orderpassed by therespondent No.2vide order No. No.'1 5-RR-1/TSPCB/ZO-HYDfiF120201025, dated121312020,in respect of the petitioners unit, being run in respect ol B-1-707111263, Plot No. 263, situatedat Tata Nagar, Rajendra Nagar, RR District, ishighlyillegal, arbltrary, againstthe provisions of Air and Water (Prevention andpollution controlact) unconstitutional and tainted with malafides and ingross violation ofprinciples of natural justice. consequently, this Hon'ble court may bepleased todirectthe respondentsnot to harassthe petitioner in any manner by way of interfering into his business activitiesunless there is violation of anyprovision of Water andAir Prevention and pollution Control Act.
lA NO: 1 OF 2020
Petition under section 151 CPCpraying that in the circumstances statedin the affidavit filed in support of thepetition, theHigh Court may be pleasedto suspend the operation of the impugnedorder passed by the respondent No. 2 vide order No. No. 15-RR-1/TSPCB/ZO-HYD lTFl2o20l025,dated121312020, in respect of thepetitioners unit, being run inrespect ot B-1'707111263, Plot No. 263, situated at tata Nagar, Rajendra Nagar, RR District.
lA NO: 2 OF 2020
Petition under Section151 CPC praying that in the circumstances statedin the affidavit filed in supportof the petition, the Highcourtmay be pleasedto grant 10 months time to thepetitioner to shift his businessfrom property bearing no.8-1- 707111263,plot no.263,Tata Nagar, RR District,to some other place'
WRIT PETITION NO:7242 OF 2020
Between:
Sahara lndustries. rep. Bv ProprietorMr. SirajuddinAhmed S/o Mr' Mohd Mirajuddin AfrmeO, No cto 8-1-2b7l6i37,Tel,Nagar, RajendraNagar' R'R. District.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of theconstitution of lndia praying that in the circumstances stated in theaffidavit filed therewith, the High Court may be pleased to pass an order, direction ora writ particularly in the nature of writ of Mandamus declaring that the impugnedorder passed by the respondent No. 2 vide order No. 15-RR-1/TSPCBIZO-HYDfiFl2O2Ol1019,dated 121312020, inrespect of the petitioners unit, being run in respect ofB-1-20716137,situated at Tata Nagar, Rajendra Nagar, RR District,is highly illegal, arbitrary, against the provisions of Air and Water(Prevention andpollutioncontrol act) unconstitutionaland tainted with malafides and ingross violationof principles of natural justice.consequently,this Hon'ble Court may bepleasedto direct the respondents not to harassthe petitioner in any manner by way ofinterfering into his business activities unless thereis violation of anyprovision of Waterand Air Preventionand Pollution ControlAct. IA NO: 1 OF 2020
Petition under Section151 CPC prayingthatin the circumstances statedin the affidavit filed in supportof the petition, the High court may be pleased to suspend the operation of theimpugnedorder passed by the respondent No. 2 vide order No. 15-RR-1/TSPCBIZO-HYDITF12O2OI1}1},daled 121312020,in respect of thepetitioners unit, beingrun in respectof 8-1-20716137, situatedat Tata Nagar, Rajendra Nagar, R.R. District.
Counsel for the Petitionerin both the Petitions: SRI MOHDOSMAN SHAHEED
counsel for the RespondentNo.1 in both the Petitions: GP FOR ENVIRONMENT
Counsel for the RespondentNo.2 in both the Petitions:SRI P. SHIV KUMAR, STANDING COUNSEL
The Court made the following: COMMONORDER
THE HON'BLE THE CHIEFJUSTICEHIMA KOHLT
AND
THE HON'BLE SRI JUSTICEB. VIJAYSEN REDDY
WRIT PETITIONNos.7103 and 7242 of 2020
COMMON ORDER:(Per the Hon'ble the Chief JusticeHima Kohli)
1 . Leamed counsel forthe petitionersstates that the present
petitions may be disposed ofas infructuous,as the petitionershave
shifted the industriesto a non-pollutingarea.
along with thepending applications,if any.
SD/.B.SATYAVATHI
ASSISTANT REGIST R
,TRUE COPY//
SECTION FFICER
To, 1. The Principal Secretary, State of Telangana, Environment, Tank Bund, Hyderabad.
IVP
lj!/--
HIGH COURT
DATED:0410212021
COMMON ORDER
WP.NOS.7103 AND7242 0F 2020
1 ll € S TA
oo ,15 ttB 2021
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HgC
DISPOSING OF THEWRIT PETITION AS NOT PRESSED WITHOUT COSTS
t
Tulsi Food Products, Proprietor Mr. Jagdish Prasada Kolaria
Sahara Industries
The State of Telangana
The Telangana State Pollution Control Board
Hima Kohli
B. Vijaysen Reddy
As recorded by the court registry
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