M/s. Sangameshwara Rice Mill Vs The Telangana… — Environment and Pollution | Telangana HC (2025)

M/s. Sangameshwara Rice Mill Vs The Telangana… — Environment and Pollution | Telangana HC (2025)

What the court decided

AI extract

Outcome

None on merits. Withdrawal permitted; writ petition dismissed as withdrawn with liberty to avail the remedy of appeal under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 and to file a stay application before the appellate authority; appellate authority left free to decide the stay application and the appeal expeditiously; no opinion expressed on merits; no order as to costs; miscellaneous petitions, if any, stood closed.

Issue for consideration

Whether the Closing Order issued by the Telangana Pollution Control Board (No. SRD405/TGPCB/Z01RCP/F12/2024-327) was illegal/arbitrary and whether electricity supply to the petitioner rice mill ought to be restored so as to permit running of the mill till expiry of the consent order (printed '3110812028'). Raised in the writ but expressly not decided on merits by this Court.

Ratio / Principle

The writ petition was dismissed as withdrawn with the liberty prayed for, viz., liberty to avail the remedy of appeal under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 and to file a stay application before the appellate authority.

Key takeaways

In the interest of justice it was observed that if a stay application is filed, it will be lawful for the appellate authority to decide the said application and the appeal expeditiously.obiter¶35
It was made clear that the Court had not expressed any opinion on the merits of the case, and no order as to costs was made.obiter¶38
Miscellaneous petitions pending, if any, were directed to stand closed.obiter

Detailed headnote1 paragraphs

W.P. No. 848 of 2025 (High Court for the State of Telangana at Hyderabad; order per Hon'ble the Acting Chief Justice Sujoy Paul with Dr. Justice G. Radha Rani) – M/s. Sangameshwara Rice Mill v. The Telangana Pollution Control Board & Ors.: Petitioner rice mill sought a writ of certiorari to quash the Closing Order vide No. SRD405/TGPCB/Z01RCP/F12/2024-327 (order number and date printed in garbled OCR form; date token as printed '2311212024') as illegal and arbitrary, and restoration of electricity supply disconnected by Respondent No.4, so as to run the mill till expiry of the consent order (printed '3110812028'); I.A. No.1 of 2025 under S.151 CPC sought suspension of the Closing Order pending disposal. Learned counsel for the petitioner sought withdrawal with liberty to avail the appeal under Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 and to move the appellate authority for stay; the other side had no objection. Held: writ petition dismissed as withdrawn with liberty prayed for; if a stay application is filed, the appellate authority may decide it and the appeal expeditiously; the Court expressly expressed no opinion on the merits; no order as to costs; miscellaneous petitions, if any, closed. No precedents cited; no quantum involved.

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

WEDNESDAY, THE TWENTY SECOND DAY OF JANUARY TWO IHOUSAND AND TWENry FIVE

PRESENT

THE HONOURABLE THE ACTING CHIEF JUSTICE SUJOY PAUL AND THE HONOURABLE DR. JUSTICE G.RADHA RANI

WRIT PETITION NO: 848 OF 2025

Between:

M/s. Sangameshwara Rice Mill, Rep. by its Proprietor Sri Kota Dattu S/o.Kota Bukmalah, Aged abou!58 Yrs., Occ: Business Situated at Main Road, Tadkal(V), Kangti(M), Sangareddy District.

...PETITIONER

AND

1 . The Telangana Pollut!: n Control Board, Zonal Office, 25-35111 , Tulasi Reddy Qomplex,^{2nd Floor, Opp.Govt.ITT College, RCPuram, Sangareddy District-} 502032.

The Joint Chief Environmental Engineer, RO-1 , 5-1-28, Shantinagar, Sanga Reddy, Sanga Reddy District.

The District Civil Supply Officer, Sangareddy.

The Executive Engineer, Telangana Southem Power Distribution, Govt. of Telangana, Hyderabad.

...RESPONDENTS

Petition uhder Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Certiorari (a) quashing the impugned Closing Order vide No. SRD4OS/TGPCB/ZOlRCPlTFl2O24-327, Oti 2311212024 as illegal, arbitrary and set aside the same (b) direct the Responden! 4 to restore the electricity supply to Petitioner Rice Mill and consequently permit the Petitioner to run the rice mill till expiry of consent order upto 3110812028.

lA NO: 1 OF 2025

Petition under Section i5i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be preased to direct the Respondent 4 to restore the power suppry to the petitioner rice mi s by suspending the operation of the Closing Order vide No.SRD405 rf GP CB tzo I RCP rf F Do24 -327, Dt2311212024 in respect of M/S.SANGAMESHWARA R|CE MILL situated at Sy.No.B6, Tadkal(V), Kangti(M), Sanga Reddy District, pending final disposal of main Writ petition .

Counsel for the Petitioner: SRI N. ASHOK KUMAR

Counsel forthe Respondent No.1: SRI ZEESHAN ADNAN MAHMOOD (sc Ts PoLLUT|ON CONTROL BOARD)

Counsel forthe Respondent No.3: MS. S. DURGA pRlyA,

AGP FOR CIVIL SUPPLIES

Counsel forthe Respondent No.4: SRI N. SREEDHAR REDDY

The Court made the following: ORDER

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THE HON'BLE THE ACTING^{CHIEF JUSTICESUJOY PAUL}

AND

THE HON'BLE DT.JUSTICE G. RADHA^RANI

WRIT PETITION t{o.848 of 2025

ORDER^(Per Hon'bte the Acting^{ChiefJustice)}

Sri N.Ashok Kumar, learned counsel for^{the petitioner;} Sri Zeeshan Adnan Mahmood, learned^{Standing Counselfor} Telalgana Pollution Control^{Board, for respondent No.l and} Sri N.S.Aq'un Kumar, learned^{Government Pleader for Civil} Supplies Department, for^{respondentNo.3.}

Learned counsel for the^{petitioner seeks to withdrawthis} petition with liberty to avail the^{remedy of appealunder Section 3 I} of the Air (Prevention and Control of^{Pollution) Act, 1981 .He} prays to permit the petitioner to {ile stay application^{before the} appellate authorit5r.

The ot-her side has no objection.

Accordingly, the Writ Petition^{is dismissed as withdrawn,} with liberty prayed for. In the interest^{of justice, it is observed} that if stay application is filed, it will^{be law{ul for the appellate} authority to decide the said application and^{the appeal,} expeditiously. However, it is made^{clear that this Court has not}

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expressed any opinion on the merits of the case. No order as to

costs.

Miscellaneous petitions pending, if any, shall stand closed.

SD/.P. CH. NAGABHUSHAMBA ASSISTANT REGISiF[ii

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HIGH COURT

DATED:2210112025

ORDER

WP.No.848 ot 2025

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DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS

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