GOVERNMENT OF ANDHTA PRADESH Vs. SAVITHRI RICE AND BIL MILL CONTRACTORS COMPANY RAJUPET MACHILIPATNAM

JUDGEMENT

(1.) In this writ appeal we are concerned with the true meaning of section 266 of the And bra Pradesh Municipalities Act, 1965.

(2.) The respondent is a rice and oil mill in Machilipatnam which was being run for a long time with the aid of steam power generated by burning of busk. The 2nd appellant, which is the municipal council of the towc, passed a resolution on 8th September, 1972 saying that the respondent mill should change its fuel into oil or electricity. In pursuance of that resolution the Executive Authority issued two notices to the respondent on 12-10-72 and 5-5-1973 calling upon it to change its fuel either into oil or electricity. When the second notice was issued, the respondent filed W.P. No. 2807/73 challenging the validity of the resolution of the Municipal Council and the consequent notices issued by the Executive Authority. Our learned brother A.V. Krishna Rao. J. issued a writ directing the appellants to for bear from implementing the resolution of the Municipal Council dated 8-9-72 and quashing the notice dated 5-5-1973 i*sued by the Executive Authority Consequently, the Municipality as well as the Government of Andhra Pradesh preferred this writ appeal.

(3.) Sri A. Seetharam Reddy contended that there is ample power in the Municipal Council and the Executive Authority to issue the direction which the Municipal Council had given through the resolution of 8th September. 1972 and followed by the two notices of the Executive Authority.