THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 16268 of 2010 Date: 12.07.2010 Between: M/s. R.Line Foods (Clove), rep. by its Partner, Hyderabad ..... PETITIONER AND Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad rep. by its Commissioner and another .....RESPONDENTS The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 16268 OF 2010 O R D E R : This writ petition is filed seeking a declaration that the action of the respondents in sealing the kitchen of the petitioner-Hotel bearing premises No.3-6-423, Himayatnagar, Hyderabad as arbitrary and illegal. It is stated that the petitioner was served with a notice dated 02.07.2010 purportedly issued under Bye-Law No.36 of the Hyderabad Municipal Corporation Bye-laws for the Regulation of Eating Houses or Hotels, 1973 (for short ‘Bye-laws), alleging that on inspection of the petitioner establishment it was found that the kitchen was in very unhygienic conditions and thus the petitioner had violated the provisions of the Bye-laws. Simultaneously on 02.07.2010 itself the kitchen was sealed on account of which the petitioner was unable to run in business from 02.07.2010 onwards. Contending that the impugned action of the respondents without giving any opportunity to the petitioner to make his representation is arbitrary and illegal, the present writ petition has been filed. I have heard the learned counsel for the petitioner as well as the learned Standing Counsel appearing for the respondents. It is true that as per Bye-Law No.36 of the Bye-laws made under G.O.Ms.No.203, dated 26.05.1973 the Corporation, in case of violation of the Bye-laws direct winding up the business of the hotel or prohibit the consumption or sale or raw materials or prepared articles. However, thereafter the Corporation is required to pass appropriate orders as provided under Bye-law No.37 and in appropriate cases may permit continuation of business. The learned standing counsel for the first respondent Corporation under instructions stated that the appropriate decision would be taken by the respondents as provided under Bye-law No.36 and 37 after giving an opportunity to the petitioner to make his representation. In the circumstances, the Writ Petition is disposed of making it clear that the impugned notice dated 02.07.2010 shall be treated as a show cause notice and permitting the petitioner to submit his explanation on or before 15.07.2010. On receipt of such explanation the respondents shall pass appropriate orders in accordance with law on or before 19.07.2010 and communicate the same to the petitioner. In the meanwhile, the respondents are also at liberty to permit the petitioner to run the hotel by removing the seals put on 02.07.2010, provided the necessary undertaking is given by the petitioner. Writ Petition is accordingly disposed of. No costs. ​ ____________ Date: 12.07.2010 G. ROHINI, J Note: Issue CC of order in three days. (B/o) Ivd