IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY, THIS THE 29th DAY OF DECEMBER, 2009 W.P.No.28239 of 2009 Between: T.K.Jelan Basha and others ... PETITIONER(S) and Municipality Yemmigannur rep by its Commissioner office at Yemmigannur Mandal, Kurnool District, A.P. …RESPONDENT(S) THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY W.P.No.28239 of 2009 ORDER: Petitioners are the joint owners of decorticator unit established way back in the year 1984 in Yemmiganur Mandal of Kurnool District. It is stated that the licensing authority of Agricultural Department has issued the necessary licence to run the unit and the unit is being run strictly in accordance with the law. The grievance of the petitioner is that the respondent-Municipality is insisting on closure of the unit without issuing any notice. Heard the learned counsel for the petitioner and the learned Standing Counsel for Kurnool Municipal Corporation. Even if the decorticator unit being run by the petitioners is within the limits of the respondent-Municipality, the functioning thereof cannot be stopped without issuing any notice or initiating any proceedings. Various provisions of law govern the functioning of the unit and as long as permissions and licences are obtained, it cannot be prevented from functioning. In case the respondent finds that the unit cannot be permitted to function for any reasons referable to the relevant provisions of the Andhra Pradesh Municipalities Act, 1965, notice is required to be issued and further action can be taken only on considering the explanation that may be submitted by the petitioners. The writ petition is, therefore, disposed of directing the respondent not to interfere with the functioning of the decorticating unit being run by the petitioners without issuing any notice under the relevant provisions of law. There shall be no order as to costs. __________________________ L.NARASIMHA REDDY, J 29th December 2009 CVRK