Telangana High Court
M/S. Gopi Transport, vs The State Of Telangana on 24 June, 2024
Author: T. Vinod Kumar
Bench: T. Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.13767 of 2023
ORDER:
There was no representation on behalf of the petitioner on the previous date of hearing i.e. dt.03.06.2024, and thus, the matter was directed to be listed under the caption 'For Orders' on 24.06.2024. Despite the matter being listed today under the caption 'For Orders', there is no representation on behalf of the petitioner.
2. Heard learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1, Sri B.Jagan Madhav Rao, learned Standing Counsel, appearing for respondent Nos.2 and 3, Ms.G.Poornasri, learned counsel appearing for respondent No.4, and Sri Mohd.Asifuddin, learned counsel appearing for respondent Nos.5 and 6 and perused the record.
3. The present Writ Petition is filed to declare the inaction of respondent Nos.2 and 3 in preventing respondent Nos.4 to 6 and unauthorized persons from collecting and transporting bio-waste (Chicken, Mutton and Fish Waste) by giving effect to notices dt.31.03.2023 of the 2nd respondent and dt.18.01.2022 of the 3rd respondent, as being illegal and arbitrary.
4. When the matter is taken up for hearing learned Government Pleader, learned Standing Counsel appearing on behalf of respondent 2 Nos.2 and 3, and learned counsel appearing on behalf of the unofficial respondents would submit that the issue raised in the present Writ Petition is squarely covered a decision of this Court in W.P.No.6823 of 2024 dt.03.05.2024.
5. Learned Standing Counsel appearing for respondent Nos.2 and 3 would further submit that this Court in the aforesaid decision having regard to the provisions of the Telangana Municipalities Act, 2019, had held that it is the duty and responsibility of the municipality to collect the waste, segregation of waste at source and its disposal and such duty cannot be sub-delegated and therefore, the petitioner therein who is also the petitioner in the present Writ Petition, would have to be considered an agent of the 2nd and 3rd respondents and as such for enforcement of contractual obligation, the petitioner cannot be permitted to file a Writ Petition.
6. Having regard to the submissions made as above, and for reasons as stated in W.P.No.6823 of 2024 dt.03.05.2024, the present Writ Petition is also disposed of in terms of the aforesaid order. No order as to costs.
7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
___________________ T. VINOD KUMAR, J Date:24.06.2024 GJ