IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15612 of 2008 Between: M/s. DA Design Street / Elahe, a proprietary Concern, rep. by its proprietor, Mrs.Smita Shroff, W/o. Sri. Rajiv Shroff, Office at Plot No. 241, Road No. 36, Jubilee Hills, Hyderabad - 33 ..... PETITIONER AND 1 The Assistant Medical Officer of Health Circle X, Central Zone, Greater Hyderabad Municipal Corporation, Hyderabad. 2 The Commissioner, Greater Hyderabad Municipal Corporation, Tankbund Road, Hyderabad. 3 Greater Hyderabad Municipal Corporation, Tankbund Road, Hyderabad, rep. by its Commissioner. .....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 grant an order, direction or writ, more so in the nature of Writ of Mandamus declaring the inaction of theof the respondent No.2 in issuing the trade license pursuant to the application of the petitioner dated 28.4.008 and the action of teh first respondent in seeking to close down the business establishment of the petitioner on the ground that the petitioner does not possess trade license and the business establishment is situated in residential area, as illegal, arbitrary exerciseof power and violative of the provisions of G.O.Ms.No. 766 dated 18.10.2007 issued by the Government of A.P. and Hyderabad Municipal Corporation Act, 1955 apart from violative of article 14 of the Constitution of India and principles of, natural justice and consequently direct the responmdents 2 and 3 to process the application of he petitioner dated 28.4.2008 and issue trade license by following the due procedures and direct the respondent No.1 not to take any further steps pursuant to the notice bearing No. W/89/W/8/B dated nil received by the pettioner on 15.7.2008 including sealing of the business premises of the petitioner i.e. first floor in Plot No. 241, Road No.36, Jubilee Hills, hyderabad-33 and pass Counsel for the Petitioner:MR.R.RAGHUNANDAN Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 15612 OF 2008 ORDER: 1. This writ petition has been filed by DA Design Street/Elahe, a proprietary concerned assailing the inaction of the Commissioner, Greater Hyderabad Municipal Corporation –2nd Respondent in issuing trade license pursuant to its application dated 28-4-2008. 2. The petitioner is a proprietor concern and engaged in the business of retailing garments in its show room at First floor, Plot No. 241, Jubilee Hills, Hyderabad. An application has been submitted by the petitioner seeking trade license. The said application is stated to be pending consideration. Hence, this writ petition with a prayer stated supra. 3. When the writ petition came up for admission, Smt. Kalpala Ekbote takes notice on behalf of the Respondents NO.2 and 3. 4. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for respondents NO.2 and 3. 5. Learned counsel appearing for the petitioner submits that the application submitted by the petitioner seeking trade license has been pending consideration with the respondents. 6. In that view of the matte, I deem it appropriate to direct the respondents to consider the application filed by the petitioner for grant of trade license in accordance with the provisions of law, and pass appropriate orders. Pending consideration of the application there shall be status quo existing as on this day for a period of four weeks. 7. Accordingly, this writ petition is disposed of. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 21st July, 2008 KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 15612 OF 2008 21st July, 2008.