IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 2108 of 2008 Between: Sro V. Rama Mohana Rao, S/o. V. Narayana, M/s. Sri Sai Vasavi Paper Industries, D.No. 23-32-49, Papa Raju Street, Satyanarayanapuram, Vijayawada. ..... PETITIONER AND 1. The Vijayawada Municipal Corporation, Rep. byits Commissioner. 2. Health Officer, Municipal Corporation, Vijayawada. 3. The Sanitary Inspector of 1st Division, Vijayawada. .....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 issue an appropriate Writ, order or direction, more particularly a Writ in the nature of Mandamus, declaring the action of the respondents in putting seal on the godown and not allowing the Petitioner to continue the business activity in the premises bearing Door No. 1- 3/27-9/6, at Muvvalavaristreet, Vidyadharapuram, Vijayawada, without considering the petitioner's application for grant of license as being illegal, arbitrary, and violative of articles 14, 16, 21 of the Constitution of India and principles of natural justice and consequently set aside the orders in notice dated 08-1-2008. Counsel for the Petitioner:MR.P.HEMACHANDRA Counsel for the Respondent No.: SMT.G.JHANSI The Court made the following : THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.NO.2108 OF 2008 ORAL ORDER: The essential grievance of the petitioner in this case is that the respondent Vijayawada Municipal Corporation has seized the godown, where the paper stock of the petitioner is stored and consequently, the business of the petitioner is badly affected. The learned Standing Counsel for the respondent Corporation has pointed that the trade license application filed by the writ petitioner on 12-12-2007 has since been returned to be represented along with certain other requirements as solicited by the Corporation and that until and unless the said application is represented accompanied by such necessary material proof of the infra-structural facilities provided, the Corporation will not be in a position to pass appropriate orders either granting or declining to grant the trade license at the specified premises. The Corporation is also entitled to make an assessment as to the safety and security of allowing the trade to be carried on at the premises, where such trade is sought to be carried on, as the same is a densely populated residential area. In the interregnum, if the petitioner approaches the respondent Municipal Corporation, they may lift the seals put on the business premises of the writ petitioner so as to enable it to remove it’s stock to at another premises, considered as safe and harmless, till such time the trade license application is considered. The respondents may pass appropriate orders within a span of three days after receipt of the application in this regard by the writ petitioner. With this, the writ petition stands disposed of at the stage of admission. -------------------------------- Nooty Ramamohana Rao, J Note: Issue copy in three days. (bo) 27th March 2008 mrk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}