FLAG OFFICER COMMANDING IN CHIEF EASTERN NAVAL COMMAND VISAKHAPATNAM Vs. VIJAYA VISAKHA CO OP MILK DAIRY VISAKHAPATNAM

JUDGEMENT

(1.) This appeal has been filed against the interim order originally passed by the learned single Judge at admission stage, which later was made absolute by the orders of the Court dated 30.3.2998 passed in WVMP No. 1971 of 1997. Under the interim order dated 22.11.1996, order s of demolition issued by the Flag officer Commanding in Chief, first respondent (in the Writ Petition), contained in his letter No. AO/0177/NOC/SDC, date 16.8.1996, in respect of the building of the petitioner, was suspended. It was, however, directed that the petitioner shall not commence commercial production or effect any further constructions to the Milk Powder Plant.

(2.) It is this order which is challenged in Writ Appeal No. 964 of 1998. When this Writ Appeal came up for hearing, it was pointed out that a Commissioner was appointed by the learned single Judge who filed his report. Considering this, the Writ Petition itself was directed to be posted for hearing. In view of the fact that the Writ Petition is itself heard finally, there is no need to pass any orders in the Writ Appeal.

(3.) The facts leading to filing of the Writ Petition as stated in the affidavit of the. petitioner may be briefly stated as follows: The petitioner is a Co-operative Milk Dairy, represented by its Chairman. The petitioner-Society is consisting of 460 Milk Producers Co-operative Societies in the four costal districts. These Society supply milk to the petitioner-Society. The petitioner- Society has been engaged in promoting the milk products by various modes.