- (1.) This is an application under Article 226 of the Constitution of India for the issue of a writ of certiorari seeking to quash G.O. Ms. No. 789, M.A., dated 4-7-1963. It arises in the following circumstances.
(2.) The petitioners have their houses either owned by them or living as tenants situated within a distance of ft furlong from the bone factory owned by the third respondent. It is contended by the petitioners that the Barkatpura locality, where this factory is situated, is a residential locality. The third respondent obtained a licence for running a factory for stacking and crushing bones for being used as fertilisers and other purposes. He used to slack bones in huge quantities in open space as there are no godowns and consequently it used to emanate foul smell whenever there was a slight drizzle and the factory used to emanate unbearable pungent smell making the life of the residents of that locality miserable. The petitioners, therefore, filed an application to the Municipal Commissioner of the Municipal Corporation of Hyderabad objecting to the existence of the factory and grant or the licence to run the same under the Hyderabad Municipal Corpora-ration Act. The Municipal Commissioner through his order dated 3-10-1961 directed the third respondent to shift the factory from the said locality to any other non-residential locality.
(3.) Aggrieved by that order, the third respondent preferred a revision petition under Section 679 of the Act before the Government. The State Government rejected the revision petition on 26-3-1962.;