IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 25647 of 2001 Between: The Sthanika Visvakarma Sangam,(Reg.No. 2715 of 1988) Rep.by its Secretary M. Vinod Kumar, S/o.Nagabushanam, R/o. 7-2-834, Pot Market, Secunderabad. ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep.by its Secretary Department of Industries&Commerce (SSI) Secretariat, Hyderabad. 2 The Municipal Corporation of Hyderabad, Rep.by its Commissioner, Tank Bund, Hyderabad. 3 The Medical Officer, Municipal Corporation of Hyderabad, Secunderabad Division, Secunderabad. 4 The Sanitary Supervisor, Zone III/IV, M.C.H., Secunderabad division, Secunderabad. .....RESPONDENT(S) 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 to issue a Writ of Mandamus or any other appropriate Writ or order or direction declaring the action of the respondents 2 to 4 in issuing Notices under Section 521 (1) of M.C.H. Act 1955 to the Members of the petitioner's Sangam, without following the contents of G.O.Ms.No. 63/2-5-1995 and G.O. P.No 611 dated 1-12-1986 as illegal, arbitrary and unjust and launching Criminal Prosecution by filing S.T.C. Cases against the Members of the Sangam as unconstitutional and pass Counsel for the Petitioner:MR.G.V.RAGHAVA REDDY Counsel for the Respondent No.: GP FOR INDUSTRIES & COMMERCE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.25647 of 2001 ORDER: Heard the learned counsel appearing for the petitioner. A counter has been filed on behalf of the 1st respondent and none appears on behalf of other respondents. It is the case of the petitioner-Sangam that its members are gold smiths by profession and eking out their livelihood by preparing gold ornaments. The petitioner’s sangam is entitled for the benefit of the Government orders in G.O.Ms.No.611, dated 01-12-1986 and G.O.Ms.No.63, dated 02-05-1995. As per the aforesaid Government orders, the small scale and Tiny Industries operating without power or operating with power upto 30 HP and employing upto 30 persons are exempted from obtaining clearance from the following agencies:- (a) Gram Panchayat under Section 125 of A.P.Gram Panchayat At 1964/Municipality under Section 264 of A.P. Municipalities Act, 1965. (b) Department of Town and Country Planning under Section 125 (4) of the A.P.Gram Panchayat Act, 1948. However, in the said G.O.s., the Government exempted Small Scale Industries and Tiny Industries subject to the following conditions:- (i) In Gram Panchayat the Small Scale Industrial units should not be set up in the residential areas. (ii) In Municipal areas, where Zonal regulations are in force, the industrial units should not violate the Zonal regulations. (iii) The Small Scale Industrial Units do not utilize boilers in the manufacturing process. (iv) The Small Scale Industrial Units have taken necessary measures to ensure the health and safety of the workers.” There is no mention in the aforesaid G.Os., for establishment of Small Scale Industries in the Corporation areas. Therefore, the petitioner is not entitled to establish any small scale industry in the Corporation area for availing the benefit of the aforesaid G.Os., Therefore, I am of the opinion that the Corporation rightly issued notices to the petitioner to obtain licence, failing which, necessary action will be taken as per Section 521 (1) of H.M.C.Act. In view of the aforesaid facts and circumstances of the case, I am of the opinion that the petitioner is not entitled for any relief in the writ petition. Accordingly, the writ petition is dismissed. There shall be no order as to costs. __________ 03-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KKG}