IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.23072 of 2002 Between: THE SECUNDERABAD CLUB Rep. by its Secretary, BRIGADIER RAMANAD RAO, R/o. Secunderabad. ..... PETITIONER AND 1 THE MUNICIPAL CORPORATION OF HYDERABAD, rep. by its Commissioner,Tank Bund, Hyderabad. 2 THE MEDICIAL OFFICER OF HEALTH Municipal Corporation of Hyderabad, Secunderabad Division, S.P.Road, SECUDERABAD. 3 THE SANITARY SUPERVISOR Zone-II, Ramgopalpet, M.C.H. Secunderabad. .....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 to issue any appropriate dwrit direction or order more particularly one inthe nature of writ of Mandamus restrainingthe Respondentsfrom prosecuting the petitioner and declaring that the secunderab Club is not liable totake any licence under section 521 of the H.M.C., Act. and pass Counsel for the Petitioner: MR.ASADULLA PASHA Counsel for the Respondent No.: . The Court made the following: Form-NIC-OGS/WP{ANURADHA} THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.23072 of 2002 O R D E R: Heard both the counsel. It is the case of the petitioner that Secunderabad Club is more than a 100 years old and its objectives are social activities including sports and recreation, and the club is an unregistered association of like minded persons, the entry of which is restricted to its members. The public have no right of entry at all, and the said club is a private club and therefore, it is not a public place. It is further stated that while so, the Municipal Corporation of Hyderabad issued a notice to the petitioner intimating to appear before the VII Metropolitan Magistrate on 04.10.2002 for the charge of running M/s.Secunderabad Club without municipal trade license, violating Sections 521/596 of H.M.C.Act, 1955. It is stated that Sec.596 relates to certain offences punishable with fine:- Whoever,(a) contravenes any provisions of any of the sections, specifications or clauses mentioned in the first column of the table in Schedule-‘C’, or; (b) fails to comply with any requisition lawfully made upon him under any of the said sections, sub-sections or clauses, are liable to be punished with fine, which may extend of the amount mentioned under the third column of the said table. In Schedule-‘C’ for the offence under Sec.521, the fine of Rs.500/- is liable to be imposed, if anything is kept trade or operation is carrying on without a license. Sri Asadulla Pasha, learned counsel, appearing for the petitioner contended that the petitioner club is not carrying on any trade or business and therefore, there is no any requirement to take any trade license. It is stated that there is no trade or operations carried on and club is not doing any business, and therefore, Sec.521(e) requiring to take a license to carryon , allow to be carried on, any or upon any premises, any of the trade or operations connected with trade specified in para-IV of Schedule-‘P’ does not arise. It is stated that none of the activities are specified in part-IV of Schedule-‘P’ trade the activities are as a trade or operations and there are no any other trade or operations in the opinion of the Commissioner dangerous to life, health or property, or likely to create a nuisance, and therefore, the issuance of the impugned notice seeking to prosecute the petitioner, is illegal and unsustainable and contrary under the provisions of the H.M.C.Act. The learned counsel for the petitioner also relied upon a decision of this Court in the case of Nizam Club Hyderabad vs. The Municipal Corporation of Hyderabad wherein it was held that similar Nizam’s club which was providing the refreshments in its eating house and other articles of food and drinks to its members and charging the guests brought by its members, is not running a trade or business, and not liable to take any license under Sec.521 of Hyderabad Municipal Corporations Act, 1956. I am of the opinion that in view of the aforesaid activities of the petitioner- Secunderabad Club, it cannot be said that the petitioner-Secunderabad club is running a trade or business while maintaining eating-house, therefore, it cannot be made liable to obtain license under Sec.521 of the Act. Having regard to the facts and circumstances of the case, the Writ Petition is allowed as prayed for. No order as to costs. ___________________ V.ESWARAIAH,J Dated: 02.05.2008 Dsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 THE MUNICIPAL CORPORATION OF HYDERABAD, rep. by its Commissioner,Tank Bund, Hyderabad. 2 THE MEDICIAL OFFICER OF HEALTH Municipal Corporation of Hyderabad, Secunderabad Division, S.P.Road, SECUDERABAD. 3 THE SANITARY SUPERVISOR Zone-II, Ramgopalpet, M.C.H. Secunderabad. 4.2CCs to 5.2CD copies