IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION NO : 9709 of 2008 Between: Konjeti Venkateswara Rao S/o Sri lakshmi Pulla Rao R/o 3-14-105(B1-73), 2nd Lane, Pattabhipuram Colony, Guntur A.P., ..... PETITIONER AND 1 The District Collector, Guntur, Collectorate Buildings, Guntur District. 2 Guntur Municipal Corporation, Guntur, Rep by its Commissioner,. 3 The Government of Andhra Pradesh Distrcit, Industries Center, Guntur, rep by its General Manager. 4 Andhra Pradesh Pollution Control Board, Regional Office, 4-4-87, 1st Lane, Chandramoulinagar, Guntur-522007 rep by its Environmental Engineer. r 5 M/s. Sai Ram bakers, 3-14-92, 2nd lane, Pattabhipuram, Guntur, rpe by its Managing Partner Sri V. Suresh Kumar. .....RESPONDENT(S) 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 notice call for records and direct the respondents No.1 to 4 to take coercive steps against the 5th respondent from the residential premises bearing municipal Door No. 3-14-92, 2nd Lane Pattabhipuram, Guntur, by issuance of Writ of Mandamus or any other appropriate Writ or order or direction and pass such other order or orders. Counsel for the Petitioner:MR.D.RAVISHANKAR RAO Counsel for the Respondent No.: GP FOR MUNCIPAL ADMN. & URBAN DEV. The Court made the following : ORAL ORDER: (Per Sri Anil R. Dave, CJ) This is a public interest litigation wherein it has been alleged that respondent No.5 is running a Bakery and is causing noise as well as air pollution. In response to the notice issued by this Court, the A.P. Pollution Control Board-respondent No.4 had appeared and has submitted through its counsel Sri Y.Srinivasa Murthy that it was found that the allegations leveled in the petition are correct. In the circumstances, a report has been submitted to the Municipal Commissioner, Guntur as well as to the Collector and District Magistrate, Guntur for taking appropriate action against respondent No.5. Learned Advocate Sri B.Venkatratnam appearing for respondent No.2-Guntur Municipal Corporation has submitted that upon getting the report from the A.P. Pollution Control Board, the Corporation has already served a show-cause notice dated 14-10-2008 on respondent No.5, but till today no reply to the said notice has been given. Looking to the fact that respondent No.5 is, infact, causing pollution, respondent Nos. 1 and 2 are directed to take appropriate action in accordance with law so as to see that respondent No.5 does not pollute air or create noise pollution. We hope that respondent Nos. 1 and 2 shall act promptly. In view of the above direction, the petition stands disposed of with no order as to costs. The Registry is directed to forward the copies of this order to respondent Nos. 1 and 2. _____________________ ANIL R. DAVE, CJ _____________________________ VILAS V. AFZULPURKAR, J 5th December, 2008. GRR