HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION No.28729 of 2011 ORDER: 1. This Writ Petition is filed to issue a Writ of Mandamus declaring the action of the respondents in closing the trade of the petitioner in premises bearing No.12-13-5, Tarnaka, Secunderabad, without giving an opportunity to submit his explanation and without passing final orders, as illegal and arbitrary. 2. The brief facts of the case that are necessary for disposal of the Writ Petition may be stated as follows: - The petitioner has been carrying on hotel business by obtaining trade license from the respondent- Corporation in the premises referred to above. While so, on 22.10.2011, at about 6 pm., the respondents served a notice directing him to submit an explanation within 24 hours, failing which his trade license will be cancelled. It is further stated that as the 24 hours time lapsed at 6 pm. On 23.10.2011, he was unable to submit the explanation within the stipulated time. As such, the officials of the respondent-Corporation attempted to close his business premises. Hence, the present Writ Petition. 3. Learned counsel for the petitioner contended that by virtue of the impugned show cause notice, dated 22- 10-2011, 24 hours’ time was given to the petitioner to submit its explanation to the same, and however, as the next day being Sunday, there was no possibility for the petitioner to give the explanation and therefore, he seeks reasonable time to submit an explanation. 4. Learned Standing Counsel for the Greater Hyderabad Municipal Corporation representing the respondents contended that without submitting the explanation to the show cause notice, the present Writ Petition is filed, as such, the same is pre-mature and prayed to dismiss the same. 5. By show-cause notice, dated 22.10.2011, which has been served on the petitioner at 6 pm. On 22.10.2011, the petitioner was directed to give an explanation to the same within 24 hours from the date of receipt of the same. There was no scope or possibility for the petitioner to give explanation within the stipulated time as the day following of the service of the notice being Sunday. 6. In that view of the matter, the Writ Petition is disposed of permitting the petitioner to submit its explanation today, and if not possible, tomorrow, and thereafter, respondent No.2 shall take appropriate decision in accordance with law, in pursuance of the explanation that may be submitted by the petitioner. There shall be no order as to costs. ____________________ JUSTICE K.C.BHANU 24th October 2011 DR