IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 7549 of 2008 Between: Sk Noordding S/o.Basheer H.No.22-6-35 Ponnur Guntur Dist ..... PETITIONER AND 1 Ponnur Municipality Rep.by its Commissioner Ponnur Guntur Dist 2 The Assistant Medical Officer(Health) Ponnur Municipality Guntur Dist 3 The Sanitary Inspector 1st Division Ponnur Municipality Guntur Dist .....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 issue a writ,order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in refusing to grant licence for establishing a Chicken Stall by issuing the impugned endorsement in Roc No.551/08/F.1 dt.15-3-2008 as illegal arbitrary and without jurisdiction and in violation of the provisions of A.P Municipalities Act and to pass Counsel for the Petitioner:MR.RAMA RAO GHANTA Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : O R D E R: This Writ Petition has been ﬁled by SK.Nooruddin assailing the endorsement dated 15.3.2008 issued by the Commissioner, Ponnur Municipality-1st respondent, wherein and where under the permission sought for by the petitioner to run Chicken stall at Chlandini Chowk at Door No.22-6-35 has been rejected. The petitioner is resident of Poonur town. He submitted an application on 12.3.2008 to the Commissioner, Ponnur Municipality for grant of a license to run a chicken stall at Chlandini Chowk at Door No.22-6-35. The 1st respondent issued an endorsement in roc.No.551/08/F.1, dated 15.3.2008 stating that the application of the petitioner cannot be considered for grant of license and the permission can be granted only at the Municipal Mutton and Fish Market by taking the stall on lease on monthly rent basis. The said endorsement is assailed in this writ petition. According to the petitioner no person is entitled to carryon the trade without obtaining a license under section 288 of A.P. Municipalities Act, 1965. Therefore, it is the obligation of the respondents to consider his application and pass appropriate orders. The respondents ﬁled counter aﬃdavit. It is stated in the counter aﬃdavit that the petitioner has no authority to question the act of the respondents and its council as it relates to public health. As per Section 279(2) of A.P. Municipalities Act, 1965 the application should be made by the owner of the place. Since the petitioner intends to carry on the business in rental building permission cannot be accorded to him. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for respondents. Learned counsel appearing for the petitioner submits that rejection endorsement where under the petitioner was compelled to install chicken stall at the Municipal Mutton and Fish Market by taking the stall on lease on monthly rent basis amounts to irrational decision. Learned Standing Counsel appearing for the respondents submits that the petitioner has not stated in his application that whether the premises where under he intends to install the chicken stall is a rent one or his own premises. As seen from the endorsement the reason for rejection of the application is that the petitioner has to install the chicken stall at the Municipal Mutton and Fish Market by taking the stall on lease on monthly rent basis. Nothing is stated in the endorsement that the place where the petitioner intends to start the chicken stall is not suitable or causes hazards to public health. Therefore, the endorsement given to the petitioner which is impugned in this writ petition cannot be sustained and the same is hereby set aside. The respondents are directed to reconsider the application of the petitioner in accordance with the provisions of A.P.Municipalities Act, 1965 and pass appropriate orders afresh within three weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. 28th August, 2008. (B.Seshasayana Reddy,J) tnb ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.7549 OF 2008 28T H AUGUST 2008