1 S.B. CWP No.11355/2008 Yogendra Sharma Vs.Civil Judge (JD) & J.M. Bharatpur & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R 05.01.2010. S.B. CIVIL WRIT PETITION NO.11355/2008 Yogendra Sharma Vs. Civil Judge (JD) & J.M. Bharatpur & Others HON'BLE MR. JUSTICE DALIP SINGH Mr. Sanjay Joshi, for the petitioner. Mr. Rahul Kamwar, for the respondents By the Court : Heard learned counsel for the parties. In terms of the order dated 12.08.2009, the report has been received along with letter dated 17.09.2009. Perused the report and the documents filed along with the same. Along with report, the minutes of the meeting held by the Member Secretary of the Pollution Control Board have also been filed and it is stated therein with regard to the smaller units, as in the case of the present petitioner that it was decided that the 2 S.B. CWP No.11355/2008 Yogendra Sharma Vs.Civil Judge (JD) & J.M. Bharatpur & Ors. parties may file a complaint before the Municipal Authority regarding any nuisance being caused by such unit being run in residential areas. The Municipal Authority would make inspection on the basis of the complaint and ascertain as to whether as a result of the running of the unit concerned in the residential area any nuisance in the form of pollution, is being carried out. Learned counsel for the plaintiff is therefore, permitted to move a complaint before the Municipal Authorities if so advised and it is directed that in case such a complaint is filed by any of the parties, the Municipal Authorities would make an inspection and after giving notice to the petitioner would take a decision of the same in accordance with law. Four week's time is allowed to the respondents-plaintiffs to move a complaint before the Municipal Authorities. It is further directed that the Municipal Authority would take a decision on the complaint within a period of four weeks of receipt of the complaint after giving notice to the petitioner. The aggrieved party would be at 3 S.B. CWP No.11355/2008 Yogendra Sharma Vs.Civil Judge (JD) & J.M. Bharatpur & Ors. liberty to challenge the decision of the Municipal Authorities in accordance with law. Subject to the above, this writ petition stands disposed of. The order passed by the learned appellate court stands modified in the light of the above. This writ petition under Article 227 of the Constitution of India stands disposed of in the manner directed above. (DALIP SINGH),J. Ramchandrkhatri,PS