THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 27553 OF 2014 Date of Judgment: 27.10.2014 Between:
M/s. Liberty Proteins Pvt Limited …Petitioners And State of Telangana and another ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 27553 OF 2014 ORDER:
Heard learned counsel for the parties.
This writ petition is filed challenging the action of the respondents in sealing the premises of the petitioner i.e., Bone Crushing Industry situated at Sy.No. 766, Tatikonda village, Bootpur Mandal, Mahabubnagar district as illegal, arbitrary, without jurisdiction and against the principles of natural justice.
On 24.9.2014 this Court passed an interim order
inter alia with the following directions,
1) The Revenue Divisional Officer shall lift the seizure and handover the factory to the petitioner under a receipt. The seized material, which according to him is objectionable, shall be shifted and stored in an appropriate manner by the Revenue Divisional Officer so that in future the same can be useful for appropriate investigation.
2) The petitioner is permitted to run the Factory strictly in accordance with the licence granted to it and in conformity with the consent orders of the A.P. Pollution Control Board, dated 3.4.2009 (Ex.P1).
3) The A.P. Pollution Control Board as well as the District Collector shall be free to monitor the working of the Factory to ensure that these directions are not deviated in any manner.
This Court also directed the Pollution Control Board and the District Collector to file reports regarding implementation of the above directions and a detailed counter-affidavit.
Accordingly the District Collector, Mahabubnagar has filed a detailed counter-affidavit together with documents in support of the steps taken in terms of the directions issued by this Court, dated 24.9.2014. The said counter-affidavit contains details of the various steps taken and it is stated that the factory has been released to the petitioner after conducting inventory and the District Collector would monitor working of the factory and take appropriate steps whenever required.
Since the grievance of the petitioner which is subject matter of this writ petition is substantially redressed after the order of this Court dated 24.9.2014 has been complied with, it is not necessary to entertain the writ petition any further. However, working of the petitioner’s factory shall be subject to monitoring by the District Collector, Mahabubnagar and the appropriate authorities under the Factories Act, Environment Protection Act and/or A.P. Pollution Control Board, as the case may be, shall take action in accordance with law, if there is any violation on the part of the petitioner.
The writ petition is accordingly disposed of. Miscellaneous applications, if any, shall stand closed. No order as to costs.
VILAS V. AFZULPURKAR, J Dt. 27.10.2014 KR