IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 5265 of 2001 Between: Kamat Resturant, N.T.R. Estates, J.N.Road, rep by its Krishna Marakala, S/o Koraga Marakala, age 53yrs, Hyd. ..... PETITIONER AND 1 The Commissioner, Municipal Corp. of Hyd, TankBund, Hyd. 2 The Medical Officer of Health & Licencing Authority, MCH, Hyd. 3 The Sanitary Supervisor, Ward No.4/A & B, Circle No.6, MCH, Tankbund Road, Hyd. .....RESPONDENTS 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 an appropriate writ, order or direction more particularly one in the nature of writ of certiorari calling for the records relating to the Notices U/s 521(1) E of Hyd MCH Act, 1995 dt 20-3-2001 issued by the respondent -authorities and quash the same as illegal, arbitrary, biased un constitutional against the principle of natural justice and violative of the provisions of Hyd MCH act 1955. Counsel for the Petitioner:MR.D.S.N.V.PRASAADA BABU Counsel for the Respondent No.: MR.GANTA RAMA RAO The Court made the following : THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.5265 of 2001 ORDER: This writ petition has been filed seeking writ of Certiorari calling for the records relating to the notices issued under Section 521 (1) E of the Hyderabad Municipal Corporation Act, 1955 (for short ‘the Act’) dated 20-3-2001, issued by the respondent authorities and quash the same as illegal, arbitrary, biased, unconstitutional against the principles of natural justice and violation of provisions of the Act. The case of the petitioner, in brief, is that it carried on business in boarding and restaurants in the premises bearing No.4-1-825/14 to 18, N.T.R. Estates, Abids, Hyderabad. The petitioner was granted license under the provisions of the Act by the respondent authorities on 01-05-1995 and the same is being renewed from time to time till 31-3-2000. While so, when the petitioner approached the respondent authorities to submit the application for renewal of the trade licence, the respondent authorities have not received the same, for the reasons best known to them. Eventually, the petitioner submitted a representation dated 03-05-2000 and an application dated 28-06-2000 along with a demand draft for an amount of Rs.16,891/- under a covering letter with a request to the authorities to renew the same but no orders have been passed thereon. It is also submitted by the petitioner that as there was no response from the respondent authorities, the petitioner filed W.P. No.4665 of 2001 and that was disposed of by this Court on 16-03-2001 directing the respondent authorities to take an appropriate decision in the matter, in accordance with law, and consider the application of the petitioner for grant of renewal of licence, within a period of one week from the date of receipt of a copy of the order. It is further submitted that as the petitioner could not receive the order dated 16-03-2001, passed in W.P. No.4665 of 2001 till 20-03-2001 at 3.30 p.m., knowing fully well in respect of the order dated 16-03-2001, the respondent authorities have entered into the premises of the petitioner and threatened the Manager and the staff high handedly that they will remove the entire furniture and demanded an amount of Rs.30,000/- on the spot. It is also submitted that the 2nd respondent got issued notices dated 20-03-2001 under Section 521(1)E 11 of the Act, inter alia, stating that the business of the petitioner is dangerous to life/health/property and likely to create nuisance. The 2nd respondent compelled to issue a cheque for an amount of Rs.25,336/- and issued a receipt to that effect. Therefore, the petitioner has come up with the present writ petition. No counter affidavit is filed. From a perusal of the record, it is obvious that the petitioner is running a business after obtaining a licence from the respondent authorities and the same has been renewed from time to time from 1995 to 2000. In the year of 2000 when the petitioner has approached the respondent authorities to renew the same, the respondent authorities did not consider his application. Therefore, the petitioner filed W.P. No.4665 of 2001 and the same was disposed of directing the respondent authorities to take an appropriate decision in the matter, in accordance with law and consider the application of the petitioner for grant of renewal of licence, within a period of one week from the date of the receipt of a copy of the order. In spite of the same, the respondent authorities have issued the impugned order dated 20-03- 2001 without considering the fact that there was a direction to consider the application of the petitioner for grant of renewal of licence. No information is available before this Court as to whether the application stated to have been made by the petitioner was considered, in pursuance to the directions given by this Court in W.P. No.4665 of 2001. Even there is no information is available that what is happened consequent to the interim stay granted by this Court on 23-03-2001. Whether the case of the petitioner is considered for grant of renewal of licence and whether the petitioner is conducting business under a valid licence. Under those circumstances, I am of the view that this writ petition can be disposed of with the following direction: Having regard to the facts and circumstances of the case, the petitioner is given liberty to make a representation, mentioning all his grievances, within a period of two weeks from the date of receipt of a copy of this order, on such representation, the respondent authorities are directed to pass appropriate orders, in accordance with law, within a period of one month, from the date of receipt of such representation from the petitioner. With the above direction, the writ petition is disposed of. There shall be no order as to costs. _________________________ JUSTICE G. CHANDRAIAH Date: 01-05-2009 LSK/YVL