IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16725 of 2008 Between: Avala Murali, S/o. Suryanarayana Murthy, R/o. Zenda Veedhi, Ramakrishnaraopet, Kakinada, East Godavari District. ..... PETITIONER AND 1 The Municipal Corporation of Kakinada, Rep by its Commissioner, Kakinada, East Godavari District. 2 The Health Officer, Municipal Corporation of Kakinada, Kakinada, East Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a writ, order or direction especially one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 2nd respondent in trying to remove the she-buﬀaloes from the site in occupation situated in Jenda Road, Ramakrishnaraopet, Kakinada, East Godavari District as illegal, arbitrary and violative of the provisions of the AP (A.A) Public Health Act, 1939, Art 19(1)(g) of the constitution of India and further direct the respondents not to take any coercive steps in removing petitioner cattle without following due process of law and pass Counsel for the Petitioner: MR.S.SUBBA REDDY Counsel for the Respondents.: MR.S.NAGESWARA REDDY The Court made the following : ORDER: This writ petition has been ﬁled by Avala Murali, assailing the action of the Health Oﬃcer, Municipal Corporation of Kakinada-the second respondent in trying to remove the she-buﬀaloes from the site in occupation situated in Jenda Road, Ramakrishnaraopet, Kakinada, East Godavari District. The petitioner took the premises on lease and constructed compound walls on all sides and has been tethering she-buﬀaloes in the said area encircled by compound wall. The Health Oﬃcer, Municipal Corporation of Kakindada-second respondent issued notice to the petitioner under Sections 41 (4), 44 and 134 of the Andhra Pradesh (Andhra Area) Public Health Act, 1939 (for short ‘the Act’) directing him to take away she-buffaloes to the outskirts of the town within three days. The petitioner submitted explanation to the said notice. Since the staﬀ of the second respondent are trying to remove she- buﬀaloes from the premises in question, the petitioner approached this Court invoking the jurisdiction under Article 226 of the Constitution of India with a prayer stated supra. When the writ petition came up for admission, the learned Standing Counsel appearing for the Kakinda Municipal Corporation received notice on behalf of respondents. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents. The learned counsel appearing for the petitioner submits that the councilor, who is hostile to the petitioner, is instrumental in causing notice to the petitioner directing him to remove she-buﬀaloes from the leased premises. He further submitted that tethering of she-buﬀaloes in leased premises in no way causes nuisance to any of the residents. A fact remains that the petitioner submitted explanation to the notice issued by the second respondent under the provisions of the Act, and it is for the second respondent to consider the explanation oﬀered by the petitioner and pass appropriate orders thereon. In that view of the matter, the writ petition is disposed of at the admission stage directing the second respondent to consider the explanation submitted by the petitioner in response to the notice served on him, under Sections 41(4), 44 and 134 of the Act and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. Till passing of ﬁnal orders, the respondents shall not interfere with the petitioner in tethering she-buﬀaloes in the leased premises. _________________________ (B. Seshasayana Reddy, J.) 1st August, 2008 Js. ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Municipal Corporation of Kakinada, Rep by its Commissioner, Kakinada, East Godavari District. 2 The Health Officer, Municipal Corporation of Kakinada, Kakinada, East Godavari District. 3 2 CD copies.