THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.17540 of 2003 November 25, 2010 Between: Mohd. Adil, S/o.Abdul Huq … Petitioner And The Collector, East Godavari District And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.17540 of 2003 ORDER: The petitioner, allegedly a member of Jamathul Queresh (a Society registered under the Societies Act) was dumping animal meat waste in the land comprised in S.Nos.2/147, 2/148 and 2/149 situated at Palacharla Village of Rajanagaram Mandal in East Godavari District near Rajahmundry. The Mandal Revenue Officer (MRO) issued notice on 29.9.2002 to the President of Jamathul Queresh society to vacate the land alleging that the dumping of animal meat waste is causing nuisance to nearby Engineering college. Assailing the same, petitioner filed W.P.No.15683 of 2003. The same was allowed on 30.7.2003 and the matter was remitted to concerned authority. Thereafter the MRO passed an order under Section 133 of the Criminal Procedure Code, 1973 (Cr.PC) directing the petitioner and two others to abate nuisance by dumping slaughter waste like flesh and bones of animals. Aggrieved by the same, present writ petition is filed. This Court, wile admitting the writ petition, passed interim orders prohibiting coercive steps against the petitioners. Subsequently when the respondents filed W.V.M.P.No.3156 of 2003 for vacating the interim order of this Court, passed the following order. The petitioner has questioned the notice issued by the MRO to vacate the land, when the petitioner is dumping beef slaughtered wastage. As the said dumping is causing nuisance to the students of engineering college located nearby, after conducting enquiry, orders are passed to vacate the premises. On the ground that no enquiry is conducted and no prior notice is issued, the petitioner has filed the writ petition and this Court at the stage of admission, by order dated 22.8.2003 directed the respondents not to take any coercive steps against the petitioner. In the counter affidavit filed on behalf of the respondents, it is evident that as the petitioner is using the land for dumping of dead bodies of animals and slaughtered wastage of beef, the same is causing nuisance and in this regard, complaints were made to the authorities. It is stated that the petitioner has given undertaking to vacate the land, but ultimately he filed this writ petition. The petitioner is not having any licence from the Pollution Control Board or any other competent authorities for using the said land for dumping of slaughtered wastage. If the petitioner is allowed to use the said land for the said purpose, it would cause serious health hazards to the public in general and students. In that view of the matter, interim order dated 22.8.2003 is vacated. The W.P.M.P. is dismissed. There is no denial before this Court that the petitioners have not obtained any licence or consent order from the Andhra Pradesh Pollution Control Board. Therefore the MRO is well within the powers to pass orders prohibiting causing of nuisance. If there is any grievance, the petitioner may approach the jurisdictional Sessions Court by filing revision under Section 397 of Cr.PC. The writ petition is not a proper remedy. The writ petition is therefore dismissed. _______________ (V.V.S.RAO,J) November 25, 2010. YS