Telangana High Court
M/S.Vinayaka Transport vs The State Of Telangana on 11 July, 2023
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.17419 of 2023
ORDER:
Heard learned counsel for the petitioner and Learned Government Pleader for Municipal Administration and Urban Development appearing for respondent No.1; Sri M.Ram Mohan Reddy, learned standing counsel for Municipalities appearing for respondent Nos.2 and 3. With their consent, the writ petition is being taken up for disposal at the admission stage itself.
2. This writ petition has been filed seeking to declare the "action of the 3rd Respondent in not taking further action in pursuance of its Letter of Work Order No.F1/1729/2023, dated 18.04.2023 and its Notice bearing No.F1/1729/2023, dated 25.04.2023 and provisions of Telangana Municipalities Act, 2019 and Environment Protection Act, 1986 and Solid Waste Management Rules, 2016 against the Chicken, Mutton and Fish shops for not handing over waste to the petitioner as illegal and consequently direct the 3rd Respondent to initiate appropriate action against the Chicken, Mutton and Fish shops owners Telangana Municipalities Act, 2019 and Environment Protection Act, 1986 and Solid Waste Management Rules 2016.
3. Learned counsel for the petitioner submits that respondent No.3 has allotted work order vide No.F1/1729/2023, dated 18.04.2023 for collecting of Waste generated from Chicken, Mutton and Fish shops for the period 18.04.2023 to 31.03.2025 from the Chicken, Mutton and Fish shops, 2 however, the shop owners are refusing to hand over said Waste to the petitioner. Aggrieved by the same, this writ petition is filed.
4. Sri M.Ram Mohan Reddy, learned standing counsel for Municipalities submits that respondent No.3 issued notice No.F1/1729/2023, dated 25.04.2023 informing the shop owners to hand over the said Waste to the petitioner's firm and further states that if the Waste is handed over to any unauthorized person(s), their shop will be seized and fine would be imposed on them. Learned standing counsel further submits that the petitioner has made complaint, dated 19.06.2023 before respondent No.3 stating that inspite of granting tender for transporting of Collection & Disposal of Chicken Mutton & Fish Waste, the shop owners are not giving Waste collection. Subsequent, to the petitioner's complaint dated 19.06.2023, the respondent authorities issued another notice dated 03.07.2023 to handover the said Waste to the petitioner's firm i.e., M/s.Vinayaka Transport, and if the shop owner does not hand over the said Waste to petitioner's firm, the respondent authorities will take appropriate action in accordance with law.
5. At this stage, learned counsel for the petitioner submits that petitioner may be grant liberty to make representation/complaint to the respondent authorities, if any of the shop(s) are refusing to handover the said Waste to petitioner and pray this Court to direct the respondent authorities to act on the said representation/complaint in accordance with law.
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6. Recording the submission made learned counsel on either side and without going into the merits of the case, this writ petition is disposed of, with a liberty to petitioner to make representation/complaint to the respondent authorities by enclosing sufficient proof against the shop owner, who is refusing to hand over Waste of Chicken, Mutton and Fish Waste as per Work Order No.F1/1729/2023, dated 18.04.2023 issued by respondent No.3 and thereafter, respondent authorities shall take necessary action and pass appropriate order in accordance with law.
7. Accordingly this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.
_________________________ N. V. SHRAVAN KUMAR, J Dt:11.07.2023 SHA