THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE R.KANTHA RAO WRIT APPEAL NO.238 OF 2010 DATED 15.04.2010 JUDGMENT: Mrs.Fatima Hasna ……………Appellant Vs. Joint Chief Controller of Explosives, South Circle Office, Chennai And two others. ……………….Respondents. JUDGMENT: The appellant/petitioner filed the present appeal under Clause 15 of Letter Patent Appeal aggrieved against the order passed by a learned Single Judge of this Court in W.P.M.P.No.855 of 2010 in W.P.No.685 of 2010, dated 25.02.2010. Pending disposal of the writ petition, the appellant/petitioner filed the said application seeking suspension of the licence bearing No.P/SC/AP/14/5289 (P170425) dated 30.09.2009 issued to the third respondent for running a retail outlet of Petrol, HSD (diesel) and auto LPG in the property bearing H.No.3-5-1102 and 1102/1, totally admeasuring 1,776 square yards situated at Narayanaguda, Hyderabad. Though several contentions are urged on behalf of the appellant/petitioner, the learned Single Judge dismissed the application on the ground that the earlier writ petition filed by the appellant/petitioner in W.P.No.23017 of 2009 was dismissed and at that stage, the licence granted to the third respondent cannot be suspended. Having considered the submissions and also perusing the material placed before this court, especially after perusing the material papers placed in W.P.No.23017 of 2009, we are of the view that the relief sought for in the said writ petition and the question involved in the present writ petition appears to be on a different mode. Further, after obtaining licence for installation of proposed retail outlet for petrol, even without obtaining No Objection Certificate from the authorities, the third respondent straight away proceeded with the construction activity by suppressing the details of pending cases with regard to the property in dispute. Hence, the matter requires re-consideration. The order dated 25.02.2010 passed by the learned Single Judge in W.P.M.P.No.855 of 2010 in W.P.No.685 of 2010 is set aside. Registry is directed to post W.P.M.P.No.855 of 2010 before the regular court hearing the matters after ten days. In the meanwhile, the respondents are directed to file counter affidavit. The writ appeal is accordingly disposed of. No order as to costs. _________________ B.PRAKASH RAO J., _________________ R.KANTHA RAO J., Dt.15.04.2010 tjs