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2011 Supreme(AP) 287
2011 (6) ALT 342
High Court of Andhra Pradesh
NISAR AHMAD KAKRU & VILAS V. AFZULPURKAR
Nisaruddin Ahmed Jeddy & Another
Versus
Union Of India & Others
WRIT PETITION NO. 22522 OF 2010
Decided on : 29-03-2011
For the Petitioners:Nazir Ahmed Khan, Advocate.
For the Respondents:R1, Ponnam Ashok Goud, Asst. Solicitor General, R2, Y. Srinivas Murthy, R3 & R4, Dr. Y. Padmavathi, S.C. for CHMC, R5, B. Madhava Reddy, Advocates.
Headnote:
Constitution of India, 1950 – Article 226 – Nuisance – This writ appeal is filed on the ground of inaction of the official respondents in dealing with the respondent 5 – restaurant for having allegedly caused nuisance and health hazards to the inhabitants of the surrounding area – Held, In the court opinion that ends of justice would be met by directing the respondents 2 and 3 – G.H.M.C to take note of the reports of respondent 2 and proceed in the matter in accordance with law and pass appropriate orders as expeditiously as possible, at any rate, within four weeks – Writ Appeal Disposed.
NISAR AHMAD KAKRU, CJ.
1. This writ appeal is filed on the ground of inaction of the official respondents in dealing with the respondent 5 – restaurant for having allegedly caused nuisance and health hazards to the inhabitants of the surrounding area. The allegations although substantiated by communication of the respondent 2-Pollution Control Board dated 5.7.2010 forming part of the writ petition, besides report dated 22.12.2010, yet there is a rebuttal by the respondent 5. In the given facts and circumstances of the case, we are of the opinion that ends of justice would be met by directing the respondents 2 and 3 – G.H.M.C to take note of the reports of respondent 2 and proceed in the matter in accordance with law and pass appropriate orders as expeditiously as possible, at any rate, within four weeks. Disposed of.
