IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 15461 of 2008 Between: M/s Himatsingka Wovens Private Limited, A Private Limited Company, incorporated under the provisions of the Indian companies Act, 1956, having its registered office at Bangalore and Showroom at Plot No.241, Road No.36,. Jubilee Hills, Hyd- 33, rep by its authorized signatory and showroom Manager Mrs. Bela Sumanth. ..... 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, Tankbund Road, Hyderabad. 3 Greater Hyderabad Municipal Corporation, Tankbund 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 may be pleased to grant an order, direction or writ, more so in the nature of writ of mandamus declaring the inaction of the respondent No.2 in issuing the trade license pursuant to the application of the petitioner dated 11-8-2004 and the action of the ﬁrst respondent in seeking to close down the business establishment of the petitioner on the ground that the petitioner does not possess trade license and the business establishment is situated in residential area, as illegal, arbitrary exercise of power and violative of the provisions of G.O.Ms.No.766 dated 18-10-2007 issued by the government of A.P. and Hyderabad Municipal Corporation Act, 1955 apart from violative of article 14 of the Constitution of India and principles of natural justice and conseuently direct the respondents 2 and 3 to process the application of the petitioner dated 11-08-2004 and issue trade license by following the due procedures and direct the respondent No.1 not to take any further steps pursuant to the notice bearing No.W/87/W/8/B dated 15-7-2008 including sealing of the business premises of the petitioner i.e., Plot No.241, Road No.36, Jubilee Hills, Hyderabad-33. Counsel for the Petitioner: MR.R.RAGHUNANDAN Counsel for the Respondents.: (SC FOR MCH CIRCLES 3&5)KALPANA EKBOTE The Court made the following : O R D E R: This writ petition has been ﬁled by M/s.Himatsingka Wovens Private Limited represented by its authorized signatory and showroom Manager Mrs.Bela Sumanth assailing the action of the Commissioner, Greater Hyderabad Municipal Corporation, Hyderabad-2nd respondent in not considering its application dated 11.08.2004 for grant of trade licence. 2. The petitioner-Company engaged in the business of retailing fabrics in its oﬃce-cum-showroom at Plot No.204, Jubilee Hills, Hyderabad. The said plot is situated in Road No.36. The petitioner-Company made an application to the 2nd respondent on 11.08.2004 for grant of trade licence. Pending the said application, the Assistant Medical Oﬃcer of Health, Circle X, GHMC, Hyderabad-1st respondent issued notice dated 21.10.2005 under Section 521 r/w/ Sec.522 of the Hyderabad Municipal Corporation Act, 1956. The petitioner-Company ﬁled O.S.No.680 of 2005 on the ﬁle of IV Junior Civil Judge, City Civil Court, Hyderabad, for declaration that the notice is illegal, null and void. The said suit ended in dismissal on the ground that the petitioner-Company failed to show that the premises where the petitioner-Company running its retail showroom is situated in a commercial area. The 1st respondent issued a notice bearing No.W/87/W/8/B, dated 15.07.2008, to the petitioner. The petitioner-Company made enquiry and came to know that the Government of Andhra Pradesh, has issued G.O.Ms.No.766, Municipal Administration & Urban Development (I i) Department, dated 18.10.2007 whereby the road No.36 of Jubilee Hills, Hyderabad, is declared as Category ‘B’ road where retail shopping activities are permissible. The petitioner-Company choose to approach this Court invoking the jurisdiction under Article 226 of the Constitution of India assailing the inaction of the respondents in considering its application dated 11.08.2004. 3. On 18.07.2008 while ordering notice to the respondents, the notice impugned in the writ petition came to be suspended. 4. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the respondents- Corporation. 5. Learned Standing Counsel appearing for the respondents- Corporation submits that in case the shop of the petitioner is situated in Road No.36 of Jubilee Hills, Hyderabad, which is said to have been declared as Category ‘B’ Road, the petitioner is at liberty to make a fresh application seeking for trade licence. 6. In that view of the matter, the writ petition is disposed oﬀ directing the petitioner-Company to make a fresh application for grant of trade licence to the respondents within two weeks from the date of receipt of a copy of this Order and thereupon the respondents shall consider the same and pass appropriate orders thereon. Till the disposal of such application, the notice impugned in the writ petition shall remain suspended. No costs. _____________________ B.SESHASAYANA REDDY, J. Date:25th August, 2008. cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KSRANI}