THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
                               AND
            THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                        WRIT PETITION No.7078 OF 2020

ORDER:    (Per Hon'ble the Chief Justice Sri Raghvendra Singh Chauhan)


      The petitioner has challenged the order dated 12.03.2020,

whereby the Telangana State Pollution Control Board, respondent No.2,

has directed the Telangana State Southern Power Distribution Company Limited, respondent No.3, to disconnect the power supply to the petitioner firm.

The learned standing counsel for the respondent No.2 submits that the power to give such a direction lies under Section 33A of the Water (Prevention and Control of Pollution) Act, 1974 ('the Act', for short). Any person aggrieved by any direction issued under Section 33A of the said Act has an alternative remedy of challenging the same before the National Green Tribunal (NGT) under Section 33B of the Act. Therefore, according to the learned counsel, the present writ petition is not maintainable, as there is an efficacious alternative remedy available to the petitioner under the Act. The learned counsel for the petitioner has not been able to counter this argument.

Heard the learned counsel for the parties.

Section 33A of the Act is as under:-

33A. Power to give directions.- Notwithstanding anything contained in any other law, but subject to the provisions of this Act, and to any directions that the Central Government may give in this behalf, a Board may, in the exercise of its powers and performance of its functions under this Act, issue any directions in writing to any person, officer or authority, and such person, officer or authority shall be bound to comply with such directions.

Explanation.- For the avoidance of doubts, it is hereby declared that the power to issue directions under this section includes the power to direct-

(a) the closure, prohibition or regulation of any industry, operation or process; or

(b) the stoppage or regulation of supply of electricity, water or any other service.

Section 33B of the Act reads as under:-

33B. Appeal to National Green Tribunal.- Any person aggrieved by,-

(a) an order or decision of the appellate authority under Section 28, made on or after the commencement of the National Green Tribunal Act, 2010; or

(b) an order passed by the State Government under Section 29, on or after the commencement of the National Green Tribunal Act, 2010; or

(c) directions issued under Section 33A by a Board, on or after the commencement of the National Green Tribunal Act, 2010. may file an appeal to the National Green Tribunal established under Section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.

A bare perusal of Section 33A of the Act clearly states that the Board in exercise of its power and performance of its function under the Act is empowered to issue directions to any person, officer or authority directing any person or authority to stop the supply of electricity.

In case, any person or officer or authority is aggrieved by such a direction, under Section 33B (c) of the Act, he/it can challenge such a direction before the NGT. Therefore, the petitioner has an efficacious alternative remedy to challenge the direction dated 12.03.2020, before the NGT. Therefore, this Court is of the opinion that the present writ petition is not maintainable.

Therefore, the writ petition is hereby dismissed. Miscellaneous petitions, pending if any, shall stand closed. There shall no order as to costs.

______________________________________ RAGHVENDRA SINGH CHAUHAN, CJ __________________________ B. VIJAYSEN REDDY, J 09.06.2020 pln