THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.29206 OF 2011 ORDER: This writ petition is filed seeking to issue writ of Mandamus declaring the notice issued by respondent No.4 in Lr.No.584/HS/C9/CZ/GHMC/2011, dated 21.10.2011, titled as Show Cause Notice but cancelling the Trade License of the petitioner bearing TIN No.030-051-0605 and directing to close the business, without giving any notice or opportunity, as contemplated under Section 622(4)(a)&(b) of the Hyderabad Municipal Corporation Act, 1955 (for short, ‘the Act’), as illegal and arbitrary and consequently, set aside the same. 2. The petitioner is carrying out sweet manufacturing and selling the same since twelve years. The petitioners purchased an old building by way of a registered sale deed on 21.05.2007 and as per G.O.Ms.No.333, M.A. & U.D (II) Department dated 07.07.1999, the property in question is closely abutting to the roads mentioned in the said G.O. The petitioner obtained a trade license in respect of the premises in question. The said license was renewed from time to time and is valid upto 31.07.2012 and the petitioner also applied for no objection certificate to the District Fire Officer and the same is under process. While the matter stood thus, on 21.10.2011, respondent No.4 issued a notice to the petitioner under Section 622 of the Act cancelling his trade license and directing him to close the business in that premises. Hence, the writ petition. 3. Learned counsel for the petitioner contended that without there being any notice, the trade license of the petitioner was cancelled and he was directed to close the business in the premises immediately and hence, he prays to set aside the impugned notice. 4. Learned Standing Counsel for the respondent Corporation contended that the impugned notice can be treated as show cause notice and therefore, the petitioner can give an explanation to the show cause notice. 5. Even assuming for a moment that the petitioner is running business unauthorizedly, he should have given a notice before taking any action by the respondent Corporation. The case of the petitioner is that he purchased the site in question for the purpose of his business under a registered sale deed. Therefore, as seen from the impugned order, though it is styled as a show cause notice, the trade license of the petitioner was cancelled and a direction was given to the petitioner to close the business in the premises immediately. Such a course is not open to the respondent Corporation without giving reasonable opportunity to the petitioner to explain and therefore, the impugned notice can be treated as a show cause notice for which the petitioner shall give an explanation within a period of one week from the date of receipt of a copy of this order and thereafter, respondent No.4 shall take appropriate decision in accordance with law and thereafter, communicate the same to the petitioner. 6. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. ___________________ JUSTICE K.C.BHANU 01st November, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.29206 OF 2011 Date:01.11.2011 AMD