ORDER : This Rule is directed against an order of a Municipal Magistrate, Calcutta, directing the removal of a particular nuisance complained of within a month from the date of the order under S. 583 of the Calcutta Municipal Act, 1951.

2. The petitioner Sri Rampalat Shaw runs a rolling Mill at 120/A, Manicktalla Main Road styled as Messrs. Bharat Steel Industries Works. The Mill started working from the month of March 1960. It appears that the structure of the Mill was completed but before the work of running the workshop was started, the citizens o!' the locality, apprehending that a nuisance would be created by the running of the said Mill to the detriment of the health and peace of the inhabitants of the locality, submitted a petition signed by many apparently respectable persons of the locality to the District Health Officer, Narkeldanga Main Road, Calcutta Corporation, by Exhibit I. On receipt of this petition the Sanitary Officer on the Manicktalla area, Calcutta Corporation, visited the locality and at the time of his inspection the Mill had already started working. Thereafter, an application under S. 583 of the Calcutta Municipal Act, 1951 was filed before the Muni