( 1 ) MESSRS. K. L. (P) Limited, the petitioner No. 1, has been manufacturing sodium dichromate and sodium sulphate at its factory at 64/2, Old Nimta Road, P. S. Belgharia, Calcutta-56 since 1976 under licence from the Kamarhati Municipality.

( 2 ) ON Sept. 10, 1979 a notice was issued by the Vice-Chairman of the Kamarhati Municipality under S. 452 of the Bengal Municipal Act, 1932 alleging, inter alia, that injurious gases and vapour are being generated at the factory, in the process of manufacture, causing danger to public health and that offensive trade refuse was allowed to run causing pollution to a public tank. The notice further directed the petitioner No. 1 to close the said factory within 30 days from the date of receipt thereof.

( 3 ) THE petitioner No. 1 and one of its directors challenged the said notice by a writ petition where a rule nisi was issued on Jan. 19, 1980 and an ad interim order restraining the Municipal Authorities from giving further effect to the impugned notice was passed.

( 4 ) DURING the pendency of the above rule marked C. R. No. 10362 of 1979 the Executive Magistrate, Barrackpore, 24 Parganas initiated proceedings under S. 133 of th