IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 14394 of 2008 Between: C. Narendra Nath S/o. C.Balakishan R/o. ADarshnagar, hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, rep. by its Commissioner, Tank Bund Road, Hyderabad. 2 Assistant Medical Officer of Health, Circle-9, G.H.M.C., Hyderabad. 3 Shaik Kalesha, Rep. M/s. SRK Estates Pvt. Ltd., R/o. 8-2- 316/5/11, Road No.14, Banjara Hills, 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 issue a writ of Mandamus or any other appropriate writ, order or orders direction or directions declaring the action of the 2nd respondent in canceling the Trade License Granted on 27.6.2008 in favour of the petitioner in respect of the premises 3-6-335 to 339, Basheerbagh Cross Roads, Hyderabad vide proceedings dated 02.06.2008 in Lr.No.391/HS/C9/GHMC/08 without notice to the petitioner as arbitrary, unreasonable, unconstitutional and violative of principles of natural justice and to issue a consequential direction to the 2nd respondent to act in accordance with law and pass Counsel for the Petitioner: MR.V.SRINIVAS Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : O R D E R: 1. This Writ Petition has been ﬁled by C.Narendra Nath assailing the action of the 2nd respondent-Assistant Medical Oﬃcer of health, Circle-9, GHMC, Hyderabad in canceling the trade license granted on 27.6.2008 in respect of the premises bearing No.3-6-355 to 339, Basheerbagh Cross Roads, Hyderabad vide proceedings dated 2.6.2008 passed in Lr.No.391/HS/C9/GHMC/08. 2. The petitioner entered into an agreement for management of the hotel known as Hotel Megacity, situated at 3-6-355 to 339/A, Basheerbagh X Roads, Hyderabad with M/s S.R.K.Estates Private Limited of which the wife of 3rd respondent-Shaik Kalesha is the Managing Director. The said agreement is dated 10.11.2002. Under the agreement the petitioner has to pay a monthly rent of Rs.1,75,000/- with 3.5 percent increase every year. The petitioner has kept Rs.9.00 lakhs as caution deposit with M/s SRK Estates Private Limited. He applied for renewal of trade licence for the year 2008-09 by paying necessary fees and the renewal has been done upto 31.3.2009 by the 2nd respondent on 4.6.2008. Thereafter, he made an application to 2nd respondent for issuance of fresh license in his name since 3rd respondent is threatening to forcibly evict him from the premises. His application was considered after collecting 25 percent of the license fee and fresh license came to be issued in the name of the petitioner on 27.6.2008. Thereafter, 3rd respondent made a representation to 2nd respondent seeking cancellation of the license. Basing on that representation, 2nd respondent proceeded to cancel the license issued in favour of the petitioner without putting him on notice. The cancellation proceedings dated 2.6.2008 are assailed in this writ petition. 3. Rule nisi came to be issued on 7.7.2008. An order of interim suspension came to be granted on 7.7.2008 in WPMP.No.18589 of 2008. 3rd respondent entered appearance and ﬁled WVMP.No.2181 of 2008 with a prayer to vacate the interim order passed on 7.7.2008 in WPMP.No.18589 of 2008. 4. It is the case of 3rd respondent that the period of agreement has expired on 30.6.2008 and therefore the question of renewing the license in favour of the petitioner subsequent to 30.6.2008 does not arise. It is his further contention that trade license issued in his name is valid upto 31.3.2009 and question of issuing second trade license in respect of self same enterprise does not arise. 5. When the vacate stay petition came up for consideration with the consent of both the parties, this writ petition is taken up for final disposal. 6. Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for 1st and 2nd respondents and learned counsel appearing for 3rd respondent. 7. Learned counsel appearing for the petitioner submits that 2nd respondent having granted trade license proceed to cancel the same without putting him on notice and it amounts to violation of principles of natural justice. 8. Learned counsel appearing for 3rd respondent submits that the trade license has already been issued in favour of 3rd respondent and it is valid upto 31.3.2009 and therefore question of issuing second trade license in respect of self same property in favour of the petitioner does not arise. 9. Indisputably 2nd respondent issued trade license in favour of the petitioner, which is valid upto 31.3.2009. In case the trade license issued in favour of the petitioner is required to be cancelled, the petitioner is to be put on notice before cancellation. 10. In that view of the matter, I deem it proper to dispose of the writ petition treating the order impugned in this writ petition as a show cause notice and permitting the petitioner to ﬁle his objections before the 2nd respondent for the cancellation of the license within a period of two weeks from the date of receipt of a copy of this order and thereupon the 2nd respondent shall consider the objections of the petitioner and 3rd respondent, if any, and pass appropriate orders within a period of two weeks from the date of filing the objections. No costs. 30th July, 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.14394_2008 30TH JULY 2008