HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.18868 of 2006
Date: June 16, 2014
Between:
M/s. Bhavani Timber Depot & Saw Mill, rep. by its Proprietor P. Narsimha.
… Petitioner And The Asst. Medical Officer of Health, Circle IV, MCH, Hyderabad.
… Respondent * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.18868 of 2006
O R D E R:
Heard learned counsel for the petitioner and learned standing counsel for the respondent.
2. In this case, the petitioner is challenging the press release dated 02.08.2006 issued by the respondent directing it to close the trade on the ground that it is dangerous to life, health, property and was creating nuisance to the neighbours of the locality.
3. The petitioner is doing saw-mill business under the name and style ‘M/s. Bhavani Timber Depot & Saw Mill’. This business was being run under a trade licence obtained from the respondent. It appears that the impugned press release was issued pursuant to an order of this Court dated 03.10.2005 in W.P.No.12747 of 2005.
4. A perusal of the order dated 03.10.2005 in W.P.No.12747 of 2005 discloses that the Division Bench of this Court was dealing with removal of encroachments on the road margin at HUDA Colony, but it has nothing to do with the closure of business where they were legally doing. The grievance in the said writ petition was setting up of industrial and commercial units in Asifnagar Residential Complex, Hyderabad, contrary to the HUDA Regulations. Notices appear to have been issued to all the commercial establishments in the area pursuant to the orders in the above writ petition without individually considering whether the businesses carried on by the petitioners were offending businesses causing danger to life, health and property and creating nuisance to the neighbours of the locality.
5. In the circumstances, the press release dated 02.08.2006 issued by the respondent is set aside giving liberty to the respondent to examine the case and if the trade or business of the petitioner was found to be dangerous to life, health, property and likely to create nuisance to the neighbours of the locality, appropriate notice should be given to the petitioner and after considering its explanation necessary action should be taken.
6. Subject to the above observation, the writ petition is allowed. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: June 16, 2014 BSB
07 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.18868 of 2006
Date: June 16, 2014
BSB