IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 3260 of 2003 Between: Janaki Feeds Pvt. Ltd., Rep.by its Director Mr. C. Madhusudhan Rao, H.No. 3-365/C/301, Pavani Estate, Himayat Nagar, Hyderabad - 29 ..... PETITIONER AND 1 The Commissioner, MCH, Tank Bund, Hyderabad. 2 The Asst. Medical Officer of Health, Circle No.3, MCH, Hyderabad. 3 The License Sub-Inspector, Flying Squad, License Section Head Office, MCH, Lower Tank Bund, Hyderabad. .....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 to issue a writ of mandamus or any other appropriate Writ or direction declaring the direction issued by the respondent No.2 vide the impugned letter dated 30-11-2002 to obtain the license under section 521 of MCH Act as without jurisdiction, void abinitio and ultra virus the provisions of the MCH Act, illegal, arbitrary and violative of petitioners fundamental rights guarenteed under artcicle 14, 19(1)(g) and 265 of Constitution of India and to pass Counsel for the Petitioner:M/S.MOHAN VINOD & ASSOCIATES Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : O R D E R: This Writ Petition has been filed by M/s Janaki Feeds Private Limited, represented by its Director Mr.C.Madhusudhan Rao assailing the action of the respondents in directing to obtain trade license for its administrative office located at Pavani Estate, Himayathnagar, Hyderabad. The petitioner is a private limited company established in the year 1988. It is engaged in manufacture of poultry/animal feeds having its factory at Bommakal village, Karimnagar. Its registered office is located at Gandhi Road, Karimnagar. Six employees are engaged solely in the administrative work in the office at Hyderabad and no business of buying any raw materials or selling of animal feeds is being done in the Hyderabad office. The Licensing Sub-Inspector, Ward No.3, Circle No.3, MCH, Hyderabad issued a notice dated 11.1.1996 to the petitioner under section 521(1)(e) of the MCH Act directing the petitioner to apply for a trade license for its administrative office. The petitioner submitted explanation dated 23.1.1996 to the said notice. The petitioner pleaded in his explanation that no business activity is being carried on in the administrative office at Hyderabad. Thereupon, the 3rd respondent issued notice dated 20-3-2001 under section 521(1) E of HMC Act, 1955 directing the petitioner to obtain license. The said notice is assailed in this writ petition. Rule nisi came to be issued on 24.2.2003. The respondents did not choose to file any counter affidavit. Heard learned counsel appearing for the petitioner. Learned counsel appearing for the petitioner submits that in the office of the petitioner situated at Hyderabad except administrative work, no other work is being carried on and no business activity is being undertaken and therefore no trade license is required under section 521 (1)(f) of HMC Act, 1955, which reads as under: “ Sec.521. Certain things not to be kept and certain trades and operations not to be carried on, without a license.. (1)(a)…………….. (f) Carry on within the city or use any premises for the trade or operation of a carrier.” The petitioner specifically pleaded in the writ affidavit that no business activity is being carried on at the office situated at Hyderabad. This averment has not been controverted by the respondents by filing counter affidavit. Therefore, it is to be construed that the petitioner is not carrying on any business activity at its office situated in Hyderabad. Since the petitioner is not carrying out any trade or operation in the office situated at Hyderabad, no trade license is required to be obtained under section 521(1)(f) of HMC Act, 1955. In that view of the matter, this writ petition is allowed and the notice issued to the petitioner by 3rd respondent requiring to obtain trade license is hereby quashed. No costs. 22nd June, 2009. (B.Seshasayana Reddy,J) tnb ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.3260 OF 2003 22ND JUNE 2009.