THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 37523 OF 2014 Date of Judgment: 6.12.2014 Between:
M/s. Jai Maa Kali Poultry Farm And The State of Andhra Pradesh and others …Petitioner ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. No. 37523 OF 2014 ORDER:
Heard learned counsel for the parties.
Second respondent passed a conditional order dated 29.11.2014 under Section 133 of Cr.P.C. requiring the petitioner to take steps to remove the public nuisance caused by way of houseflies within five days. The said order is a preliminary order and no final order is passed. Hence I am not inclined to entertain this writ petition. However, the learned counsel for the petitioner seeks extension of the time stipulated by the second respondent under the impugned order and liberty to file a reply.
In the interest of justice, the writ petition is disposed of permitting the petitioner to file an application on or before 10th December, 2014 before the second respondent seeking extension of time, till then the second respondent shall not take any further coercive steps against the petitioner. The petitioner is also at liberty to file a detailed reply to the impugned order and on receipt of such reply, the second respondent shall pass a final order under Section 133 of Cr.P.C. in accordance with law.
The writ petition is accordingly disposed of. Miscellaneous applications, if any, shall stand closed. No order as to costs.
VILAS V. AFZULPURKAR, J Dt. 6.12.2014 NB:
CC of order be furnished by 8th December, 2014.
/BO/ KR