High Court for State of TelanganaWP/14371/2013disposed of no costs

O. Shankaraiah, Chittoor Dist. v. Sho, Srikalahasti And Ano.

2017-11-27S.V.Bhatt2 pages

HON'BLE SRI JUSTICE S.V.BHATT W.P.No.14371 OF 2013 ORDER:

No representation for petitioner.

The petitioner prays for the following relief: ....this Hon'ble Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the high handed action of the 1st respondent in interfering with day to day operation of M/s Jyothi Metal Industries located at 16-590, Eeswaramma Gudi Street, Panagal, Srikalahasti, by the petitioner at the instance of the 2nd respondent, as being illegal, arbitrary, unwarranted and uncalled for and in violation of Art. 14 and 19(1)(g) and 21 of the Constitution of India and consequently direct the 1st respondent not to interfere with the running of the said factory by the petitioner herein and pass...."

The 1st respondent filed counter affidavit and the operative portion reads thus:

"It is pertinent to note that that as of now, this respondent did not visit the petitioner's factory, nor interfered with the day to day activities of the petitioner's industry and asked them to close down the factory. It is humbly submitted that this respondent never interfered with the activities of the petitioner's factory. It is submitted that to wreck vengeance against the 2nd respondent herein, the petitioner made baseless allegations against this respondent which are far from truth. It is submitted that on mere apprehension, the petitioner filed the present writ petition with baseless allegations. Hence the writ petition deserves no consideration."

Having regard to the facts and circumstances of the case, the writ petition is disposed of by placing on record the stand taken of 1st respondent in the counter affidavit and also leaving it open to the Regional Officer, Pollution Control Board to enquire into the

noise pollution and act in accordance with law. There shall no order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. ____________ S.V.BHATT, J 27th November, 2017 Lrkm