HONOURABLE SMT. JUSTICE T. MEENA KUMARI & HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO :1938 of 2003 JUDGMENT: (Per Hon’ble Smt. Justice T. Meena Kumari) The present writ appeal is preferred by the appellant against the order of the learned single Judge passed in W.P.No:32212 of 1997 on 11.3.2003. The 1st respondent herein is the writ petitioner-association and it has filed the writ petition seeking a direction to the respondents to shift the venue of the present DHARNA CHOWK from Bhimnagar colony, opp:Indira Park, Lower Tank Bund, Hyderabad to any other suitable places and consequently direct the respondents not to grant any permission or permissions to the organizations to conduct meetings etc. forthwith. The learned single Judge having observed that not only on the basis that an area reserved for recreational purpose cannot be used for holding public meetings, but also because holding of public meetings would create nuisance and noise pollution disturbing the peace and tranquility of a residential area, the petitioner is entitled for the relief sought in the petition, allowed the writ petition. Having aggrieved by the same, the present writ appeal is filed by the 2nd respondent-Municipal Corporation of Hyderabad. Heard the learned counsel on either side and perused the entire material available on record. Before going into the merits of the case, it is pertinent to note that the appellant-2nd respondent-Commissioner & Special Officer, Greater Hyderabad Municipal Corporation has filed an affidavit during the pendency of the present appeal. While referring to the orders of this Court and while analyzing the precautions that are being taken at the time of giving permission to the organizers, the appellant has given an undertaking, which reads as under in the same verbatim: “In the above circumstances, the Appellant- Corporation has neither disobeyed nor flouted the orders passed by the Honourable Court and further, Appellant- Corporation undertakes and assures this Honourable Court that it will not grant permissions to any political party or organization to hold public Meetings or Dharnas in N.T.R. Stadium, which would involve in using loud speakers or amplifier that would cause inconvenience to the 1st respondent-association or general public.” The above undertaking given by the appellant-Corporation, would undoubtedly resolve the bonafide claim made by the 1st respondent-writ petitioner. In this view of the matter, We feel it just and proper to set aside the order of the leaned single Judge. Accordingly, this writ appeal is allowed setting aside the order of the learned single Judge. No costs. However, it is made clear that the affidavit filed by the appellant-Corporation, shall form part of the record. ___________________________ Justice T. MEENA KUMARI ________________________ Justice SANJAY KUMAR Dated 1st July, 2009. Dvs/Gurc HONOURABLE SMT. JUSTICE T. MEENA KUMARI & HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO :1938 of 2003 (Judgment of the Division Bench delivered by Hon’ble Smt. Justice T. Meena Kumari) Dated 1st July, 2009.