(FRESH SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND ELEVEN Between:
:PRESENT:
THE HON'BLE MS JUSTICE G.ROHINI WP :12491 of 2011 Kaleru Babu Rao, S/o. late K. Sudarashanam, R/o. H. No. 1-7-75, Kamala Nagar, Housing colony, ECIL, Hyderabad.
...Petitioner AND
1. The Government of Andhra Pradesh, rep. by its Commissioner, Greater Hyderabad Municipal Corporation, Lower Tank Bund, Hyderabad.
2. The Deputy Commissioner, Greater Hyderabad Municipal Corporation, Kapra, Ranga Reddy District.
3. The Inspector of Police, Kushaiguda Police Station, ECIL X Road, Hyderabad.
4. The Kamala Nagar Housing Welfare Association, rep. by its President B. Raghava Reddy, S/o. not known, Occ: Employee in HPCIL, Office at H.No.1-7-93/2, Plot No.191, Near Santhoshi Mata Temple, Kamala Nagar South, Hyderabad.
5. Shyam Sundar, S/o. not known, R/o. H.No.1-7-75/1/2, Kamala Nagar, Housing Colony, ECIL, Hyderabad.
6. Muralidhar Gupta, S/o. not known, Occ: Health Inspector, GHMC, Kapra, Hyderabad.
7. The Secretary, Environmental Pollution Control Board, Hyderabad.
. RESPONDENT(S) WHEREAS the Petitioner above named through his Advocate Sri P. Murali Krishna Prasad presented this writ petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed here in the High Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 4 in not taking any action against the 5th respondent for not closing the illegal and unauthorised small scale industry in the residential zone, which is causing severe health hazards to the petitioner and his family, without having any valid licenses or permissions from each and every concerned departments including GHMC and also Board of Environment & Pollution Control, Govt. of A.P. as the same is illegal, arbitrary and against to the statutory principles and violative of principles of natural justice apart from violative of Art. 14, 19 & 21 of the Constitution of India consequently direct the respondents 1 & 2 to consider the representations of the petitioner dated 10-10-2010 and 09-04-2011 and take appropriate action against the 5th respondent for closing the small scale industry which is heavy pollution in the area;
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri P. MURALI KRISHNA PRASAD Advocate for the Petitioner, observed that It is represented that the notice sent to respondent No. 4 was returned unserved, directed issue of fresh notice to the Respondent No. 4, herein to show cause as to why this writ petition should not be admitted in the circumstances set out in the petition and the affidavit filed in Writ Petition and the Court also permitted the Learned Counsel for the petitioner is to serve personal notice on respondent No. 4 by Registered Post with Acknowledgment Due and file proof of service in the registry;
You viz ;
B. Raghava Reddy, President, Kamala Nagar Housing Welfare Association, Occ: Employee in HPCIL,Office at H.No.1-7-93/2, Plot No.191, Near Santhoshi Mata Temple, Kamala Nagar South, Hyderabad.
are directed to show cause within two weeks as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this writ petition should not be admitted. In the meanwhile counter by respondent No. 5.
Note: Post after two weeks.
ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To
1 B. Raghava Reddy, President, Kamala Nagar Housing Welfare Association, Occ: Employee in HPCIL,Office at H.No.1-7-93/2, Plot No.191, Near Santhoshi Mata Temple, Kamala Nagar South, Hyderabad.[by RPAD]
2 Two CCs to the G.P. for Municipalities, High Court of A.P., Hyderabad. (OUT)
3 Two CCs to the G.P. for Home, High Court of A.P., Hyderabad. (OUT)
4 One CC to Sri P. Murali Krishna Prasad, Advocate (OPUC)
5 One CC to Sri ASC Bose, Advocate (OPUC)
6 One spare copy.
SRL HIGH COURT RGJ DATE: 11-07-2011 Note: Post after two weeks.
NOTICE BEFORE ADMISSION W.P.NO. 12491 OF 2011 HIGH COURT Drafted by : SRL Date of Drafting : 22-07-2011 RGJ DATE: 11-07-2011 Note: Post after two weeks.
NOTICE BEFORE ADMISSION W.P.NO. 12491 OF 2011