THE HON’BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH AND THE HON’BLE SRI JUSTICE P.SAM KOSHY WRIT PETITION NO.20621 OF 2025

ORDER:

(Per the Hon’ble the Chief Justice Sri Aparesh Kumar Singh)

Heard Mr. Durga Gandham Bose, learned counsel for petitioners, Mr. G.Veera Swamy, learned Government Pleader for General Administration appearing for respondent No.1, Ms. S.Swathi, learned Assistant Government Pleader for Irrigation Department appearing for respondent No.2, Mr. Muralidhar Reddy Katram, learned Government Pleader for Revenue appearing for respondent No.3, Mr. B.Mukarjee, learned counsel representing for Mr. G.Praveen Kumar, learned Deputy Solicitor General of India appearing for respondent No.4, Mr. Zeeshan Adnan Mahmood, learned Standing Counsel for TS Pollution Control Board appearing for respondent No.5 and Mr. P.Sri Raghu Ram, learned Senior Counsel representing for Mr. V.V.Anil Kumar, learned counsel for respondent No.6.

2. Petitioners claiming themselves to be the residents of Sankireddypally Village, Kothakota Mandal, Wanaparthy District have preferred this writ petition with the following prayer, raising several grounds of violation of statutory guidelines under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974.

“a) to issue a Writ, order or direction to the respondents and more particularly in the nature of Writ of Mandamus declaring the issuance of Consent for Establishment of the Factory at the Site vide Order No.1151-MBNR/TSPCB/ZO-HYD/CFE/ TS-iPASS/2024-38 dated April 3, 2024 under ‘Red Category, as arbitrary, illegal, capricious and in violation of Articles 14, 21 of the Constitution of India and in violation of Article 48A and Article

51A(g) (DPSP) of the Constitution of India;

b) to cancel the allotment and sale of land admeasuring Acs.40.00 guntas in Sy.No.174/25/ 1/1/2/3, Sankireddipalle village, Kothakota Mandal, Wanaparthy District sold to respondent No.6 vide Sale Deed No.1515/2023;

c) to direct respondent Nos.1 to 5 to allot land where there is no threat of pollution to the people in general and where there is no threat to the water bodies, agriculture in lieu of the land in Sy.No.174/25/1/1/2/3, Sankireddipalle village, Kothakota Mandal, Wanaparthy District; and d) pass such other orders or directions as this Hon’ble Court may deem it fit and proper in the facts and circumstances of the present case.”

3. Mr. Zeeshan Adnan Mahmood, learned Standing Counsel for respondent No.5, has referred to Consent Order for Establishment, dated 03.04.2024 and also the provisions of Section 28 of the Water (Prevention and Control of Pollution) Act, 1974, and Section 31 of the Air (Prevention and Control of Pollution) Act, 1981 and submitted that if the petitioners are aggrieved by the Consent Order for Establishment, they should have approached the Appellate Authority constituted under the aforesaid Acts.

4. Learned Senior Counsel representing respondent No.6-industry has also vehemently opposed the maintainability of the writ petition at this stage on the ground that the petitioners have not approached the statutory authority, if at all they are aggrieved.

5. After some arguments, learned counsel for the petitioners Mr. Durga Gandham Bose seeks permission to withdraw this writ petition with a liberty to approach the statutory authority under the aforesaid Acts.

6. With the aforesaid liberty, the instant Writ Petition is dismissed as withdrawn. However, there shall be no order as to costs.

Miscellaneous applications pending, if any, shall stand closed.

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APARESH KUMAR SINGH, CJ ______________________________________

P.SAM KOSHY, J Date: 24.07.2025 kkm