IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 11998 of 2009 Between: B.Krishna Mohan Reddy, ..... PETITIONER AND The Collector and District Magistrate, Mahaboobnagar and others. ....RESPONDENTS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.11998 OF 2009 ORDER : The petitioner filed this Writ Petition under Article 226 of the Constitution of India seeking a writ of Mandamus questioning the order dated 06.06.2009, whereby the licence of the petitioner was not renewed by the 1st respondent, District Collector. 2. A detailed counter affidavit is filed on behalf of the Superintendent of Police, the 2nd respondent herein, stating that the petitioner requested the 1st respondent, District Collector, to renew the licence by his application dated 12.09.2008 and when the same was referred to the 2nd respondent, who submitted a written report stating that the following cases are pending against the petitioner. (i) Crime No.35/2007 for the offences punishable under Sections 353, 506 of IPC of Gadwal Town Police Station, which is pending trial vide C.C. No.166/2007. (ii) Crime No.106/2007 for the offences punishable under Sections 342, 186, 504 of IPC of Gadwal Town Police Station, which is pending trial vide C.C. No.42/2008. (iii) Crime No.149/2007 for the offences punishable under Sections 147, 341, 323, 506, 188 read with 109 of IPC of Gadwal Town Police Station, which is pending trial vide C.C. No.302/2008. (iv) Crime No.59/2009 for the offences punishable under Sections 147, 148, 332, 188 read with 149 of IPC and Section 32 read with 30 Police Act of Gadwal Town Police Station, which is pending trial vide C.C. No.134/2009. (v) Crime No.52/2009 for the offences punishable under Sections 143, 283 of IPC read with 34 of IPC and Section 32 read with 30 of Police Act of Gattu Police Station, which is pending trial vide C.C. No.250/2009. (vi) Crime No.41/2009 for the offences punishable under Section 32 read with 30 of Police Act of Gadwal Rural Police Station, which is pending trial vide C.C. No.219/2009. 3. Taking the report of the 2nd respondent into consideration, the District Collector passed the impugned order. 4. Heard the learned counsel appearing on behalf of the petitioner and also the learned Assistant Government Pleader for Home. 5. May be it is true that there are six cases pending against the petitioner herein, but from the perusal of the impugned order, it is clear that neither the 2nd respondent nor the 1st respondent had put the petitioner, on notice before furnishing the said report or passing of the order dated 06.06.2009. When once the 2nd respondent reported that there are six cases pending against the petitioner, the 1st respondent should have informed the petitioner about the said crimes and sought for an explanation and thereafter passed the impugned order. As the impugned order does not refer the said factual aspects, this Court has no hesitation to come to the conclusion that the said cancellation of licence of the petitioner is illegal. 6. Accordingly, the order dated 06.06.2009, whereby the petitioner’s licence is cancelled, is hereby quashed. However, this order does not preclude the 1st respondent to pass a fresh order in accordance with law. It is further directed that before passing an order, the 1st respondent shall place the material before the petitioner. Accordingly, the Writ Petition is allowed at the stage of admission. There shall be no order as to costs. __________________________ (GOPALA KRISHNA TAMADA, J) August 24, 2009 KSH/MD