IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16592 of 2008 Between: M/s. Somany Sanitations, a partnership firm having its office at Plot No.1129, Road No.36, Jubilee Hills, Hyderabad-33, rep. by its Partner and authorized Signatory Mr. Rahul Somany ..... 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, Tank bund Road, Hyderabad. 3 Greater Hyderabad Municipal Corporation, Tank bund Road, Hyderabad, rep. by its Commissioner. .....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 grant an order direction or writ, more so in the nature of Writ of Mandamus declaring the impugned show cause notice issued by the second respondent and the further refusal of the respondents to take into account the trade license which has already been obtained by the petitioner while issuing the notice dated 15.07.2008 bearing No.R/82/W/8/B as being opposed to the principles of natural justice and violative of the provisions of Hyderabad Municipal Corporation Act, 1956 and Article 14 of the Constitution of India and consequently set side the notice dated 15.07.2008 bearing No. R/82/W/8/B and direct the respondents not to harass the petitioner on the ground that the petitioner does not have proper trade license or the premises of the petitioner is allegedly in the residential area and not to take any further steps pursuant to the notice bearing No.R/82/W/8/B dated 15.07.2008. Counsel for the Petitioner: Mr.R.RAGHUNANDAN Counsel for the Respondents: (SC FOR MCH CIRCLES 3&5)KALPANA EKBOTE The Court made the following : ORDER: This Writ Petition has been ﬁled by M/s Somany Sanitations, a partnership ﬁrm represented by its partner and authorized signatory assailing the notice, dated 15-07-2008, issued by the Assistant Medical Oﬃcer of Health Circle X, Central Zone, Greater Hyderabad Municipal Corporation/1st respondent. 2. Petitioner is engaged in the business of retailing sanitary goods in its oﬃce-cum-show room at plot No.1129, Jubilee Hills, Hyderabad. The said plot is situated on road No.36. He had trade licence till the year, 2007. Subsequently he paid renewal fee through E-Seva centre on 15-04-2008. The 2nd respondent issued a notice to the petitioner to close the business establishment within one day as it had no valid trade licence. The notice issued to the petitioner reads as follows: “Your establishment is located in residential building. It has been noticed that you are carrying on business without obtaining and possessing requisite trade licence obtained from the competent authority, Greater Hyderabad Municipal Corporation which is contrary to the rules and regulations. In view of the above, notice is hereby given to you to close the business establishment as you are running the same without a valid trade licence and without satisfying the required parking place norm within ONE DAY from the date of issue of this notice, failing which gross violation and deviation to the directions issued by Honourable High Court”. The said notice is under challenge in this Writ Petition. 3. Learned standing counsel appearing for the Greater Hyderabad Municipal Corporation received notices on behalf of the respondents. 4. Heard learned counsel appearing for the petitioner and the learned standing counsel appearing for the respondents. 5. Learned counsel appearing for the petitioner submits that the existing practice in the Greater Hyderabad Municipal Corporation with regard to renewal of trade licence is payment of renewal fee through E-Seva centre and no written proceedings are issued renewing the trade licence, and as usual the petitioner paid the renewal fee through E-Seva centre on 15-04-2008. He further submits that since the petitioner paid renewal fee, trade licence is deemed to have been extended. 6. In the writ aﬃdavit it is stated that Road No.36 of Jubilee Hills had been declared to be category B where retail shopping activities are permissible. Paragraph No.3 of the affidavit reads as follows: “The ﬁrst respondent has now issued a notice bearing No.R/81/W/8/B dated 15-07-2008, wherein it was stated that the petitioner has been doing business without obtaining or possessing requisite trade licence which is contrary to the rules and regulations and thereby required the petitioner to close down the business establishment of the petitioner within one day from the date of issuance of the above notice. The petitioner had immediately caused enquiry and came to know that Government of Andhra Pradesh has issued G.O.Ms.No.766 dated 18-10-2007, whereby the road No.36 of Jubilee Hills had been declared to be category B road, where retail shopping activities are permissible. This had been brought to the notice of the ﬁrst respondent. However, the respondent No.2 is refusing to go into these issues and is insisting on the petitioner to close the business establishment. The landlord of the petitioner had also stated that he intended to demolish the building and restructure the building with due facility available to the petitioner herein to continue its business in the reconstructed building and till then requested the respondents not to take any further action in pursuance of the show cause notice dated 15-07-2008. The ﬁrst respondent has also sought to close the business establishment of the petitioner on the ground that the required parking space is not available. However, this statement of the ﬁrst respondent is not correct as the petitioner has adequate parking space which is more than the requirement of its customers”. 7. As to be seen from the writ aﬃdavit averments the petitioner took the plea that the business activity is being permitted at road No.36 Jubilee Hills wherein the leased premises is situated. Such is the situation the petitioner is at liberty to submit explanation treating the impugned notice as show cause notice within two weeks from today. Till the disposal of the objections ﬁled by the petitioner, the notice impugned in the writ petition shall be kept in abeyance. 8. Accordingly Writ Petition is disposed of. There shall be no order as to costs. ____________________________ B.SESHASAYANA REDDY,J 31st July, 2008 Tsy To 1 The Assistant Medical Officer of Health, Circle X, Central Zone, Greater Hyderabad Municipal Corporation, Hyderabad. 2 The Commissioner, Greater Hyderabad Municipal Corporation, Tank bund Road, Hyderabad. 3 The Commissioner, Greater Hyderabad Municipal Corporation, Tank bund Road, Hyderabad. 4 2CCs to the GP FOR REVENUE 5 2CD copies Form-NIC-OGS/WP{KSRANI} Form-NIC-OGS/WP{RLD}