Respondent 2 (state of Telangana) withdrew the petition under Article 226. Other miscellaneous applications were closed. The petition was dismissed as withdrawn without costs.
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.
HIGH COURT FOR THE STATE OF TELANGANA: AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO
PRESENT
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION NO: 8522 OF 2022
Between:
M/s. Aadeshwar Aggregates Pvt. Ltd, Represented by its Authorized Signatory, Sri. D. Sumanth, S/o. D Subrahmanyam Reddy, aged about 30 Years, Designation. Director Fi"/o.Villa No. 21, Vessella Villas, Sri Ram Nagar, Block C, Kondapur, Kothaguda Post, Hyderabad- 500 084 Email ID - sumanthreddy [email protected]
...PETITIONER
AND
9. The Commissioner, GHlvlC, Hyderabad, Telangana State
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus
a.To declare the illegal, arbitrary and high-handed action of the 7th respondent Tahsildar, Gandipet Mandal, in seizing and locking the Petitioner's unit situated at Survey Nos. 24611, 24612 of Vattinagulapally Village, Ra.iendra Mandal, R.R. District, to be ingross violation of Article 14 of the Constitution of lndia and in violation of the Principles of Natural Justice.
b.To declare the inaction of the 4th Respondent (Telangana State Pollution Control Board), in not granting 'Consent for Establishment' to the Petitioner's unit on par with the other units in the same Village, Mandal and Vicinity, to be in gross violation of Article 14 of the Constitution of lndia and in violation of the Principles of Natural Justice.
c.To direct the 9th Respondent (GHMC) to grant permission to the Petitioner's unit under Section 1 32 of the Telangana Municipalities Act, 201 9 in the interest of justice as a recycling and reprocessing unit.
lA NO: 1 OF 2022
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 9th Respondent (GHltilC) to consider the Petitioner's application under section 132 of The Telangana Municipalities Act, 2019, as processing and recycling unit of construction sites excavated building materials on par with M/s. Ramky Enviro Engineers Ltd,pending disposal of the main Writ petition in the interest ofjustice
lA NO:2 OF 2022
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Cou( may be pleased to direct the Respondents to permit and allow the road contractor, M/s. Raghava Constructions, to lift the excavated and dumped rock boulders material from the Writ Petitioner's site after resizing them to transportable size, for using them in the road laying work allotted to it by the Superintendent Engineer, Rural Region, Hyderabad, for laying of road works from gopanpally to vattinag ulapa lly and Gopanpally to Kollur vide agreement No.53 daled.O2lOl 1201 B in the interest of the justice
or) in the alternative
This Hon'ble Court may be pleased to direct the 7th Respondent to forthwith de-seal the Writ Petitioner's unit situated at Survey No. 24611, 246t2 ot
l-
I
Vattinagulapally Village, Rajendra Mandal, R.R. District, to enable the writ petitioner to resize the excavated rock boulders and to transport them to another Petitioner's unit sltuated at Meerkhanpet Village, Kandukur Mandal, Ranga Reddy District, pending disposal of the Application for CFE by 4th Respondent pending disposal of the main Writ petition in the interest ofjustice.
Counsel for the Petitioner: M/s. UNNAM LAW FIRM
Counsel for the Respondent Nos.'1,5 & 6: GP FOR MINES & GEOLOGY
Counsel for the Respondent Nos.2,3 & 4: SRI P.SHIV KUMAR, SC for PCB
Counsel for the Respondent No.7: GP FOR REVENUE
Counsel for the Respondent No.8: GP FOR ROADS & BUILDINGS
Counsel for Respondent No.9:SRl PASHAM KRISHNA REDDY,SC for GHMC
The Court made the following: ORDER
/,
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT PETITION No.8522 of 2022
ORDER, tr*,r,. Hon'ble the ChielJ shce satish Chlndtu sharma)
Learned counsel for the petitioner prays for withdrawal of
the present writ petition.
The writ petition is accordingly dismissed as withdrawn.
Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
\
SDI MOHD.SANAULLAH ANSARI ASSISTANT REGISTRAR //TRUE COPY// -fr1
sEcrlpN oFFrcER
I
To
SW
HIGH COURT
DATED:0710612022
ORDER
,/
[ 5 StP ?!z
WP.No.8522 of 2O22
DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS
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3 provisions across 3 enactments
M/s. Aadeshwar Aggregates Pvt. Ltd
State of Telangana
Telangana State Pollution Control Board
GHMC Hyderabad
The Tahsildar, Gandipet
Other Respondents
Satish Chandra Sharma
Abhinand Kumar Shavili
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
