IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 24493 of 2008 Between: 1 Mannepalli Subbarayudu, S/o. Nagaiah, R/o. Kavali, Sri Potti Sreeramulu, Nelloe District. 2 Naraga Krishnaiah, S/o. Rosaiah, R/o. Kavali, Sri Potti Sreeramulu, Nelloe District. 3 Devireddy Venkata Ramana Reddy, S/o. Subba Redy, R/o. Kavali, Sri Potti Sreeramulu, Nelloe District. 4 SK.Bhasha, S/o. Dada Saheb, R/o. Kavali, Sri Potti Sreeramulu, Nelloe District. 5 Bezawada Yedukondal, S/o. Pedda Venkaiah, R/o.Kavali, Sri Potti Sreeramulu, Nelloe District. ..... PETITIONERS AND Kavali Municipality Rep by its Commissioner, kavali, Sri Potti Sreeramulu, Nellore District. .....RESPONDENT 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 more particularly one in the nature of Writ of Mandamus declaring the notice-cum-order dated 14-10-2008, but served upon the petitioners recently, issued by the respondent, a illegal, arbitrary, unjust and in violation of Articles 14, and 21 of Constitution of India and Sections 44 and 45 of A.P., Public Health Act, 1939 and Principles of natural justice and consequently to set aside the said notice- cum-order. Counsel for the Petitioner:MR.M.VENKATA NARAYANA Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : ORDER This writ petition has been ﬁled by the petitioners, who are ﬁve in number, assailing the notice dated 14.10.2008 issued under Sections 41,44, 45 and 134 of the Andhra Pradesh Public Health Act, 1939. The petitioners have been carrying business in bricks at Kavali for the last 10 years. According to them, they have been paying necessary licence fee and land revenue. Petitioners 1 and 4 have also started brick kilns in the lands obtained on lease from one Y.Subba Rami Reddy of Kavali about 10 years back and doing business. While so, the respondent issued a notice dated 14.10.2008 directing the petitioners to stop the business and shift their operation of business 2 KM away from the inhabitants within three days. The said notice is under challenge in this writ petition. When the writ petition came up for admission, Sri S.Nageswara Reddy, learned standing counsel of Kavali Municipality received notice on behalf of the respondent. Heard the learned counsel appearing on behalf of the petitioners and the learned standing counsel of Kavali Municipality appearing on behalf of the respondent. Learned counsel appearing on behalf of the petitioners submits that the petitioners have been carrying on their business in bricks for the last 10 years and no complaint whatsoever has been lodged by any one of the inhabitants of the locality. A further submission has been made that the action of the respondent in insisting the petitioners to shift their business 2 KM away from the inhabitants is illegal and arbitrary. A fact remains that the petitioners are carrying on business in bricks at Kavali for the last 10 years. Hence, I deem it appropriate to allow the petitioners to submit their explanation to the notice dated 14.10.2008 served on them. Accordingly, the writ petition is disposed of reserving liberty to the petitioners to submit their explanation to the notice served on them whereunder they have been required to shift their business in manufacturing bricks. The petitioners shall submit their explanation within 10 days from today and thereafter, the respondent shall consider the same and pass appropriate orders. Till the explanation submitted by the petitioners is disposed of, there shall be status quo existing as on this day with regard to their brick manufacturing activity. __________ 10-11-2008 Note: Issue CC by two days. (B.O) rkk