IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 27755 of 2007 Between: Muthineni Shankar S/o. Mogilaiah R/o.H.No. 11-25-156, Autonagar Road, Kothawada, Warangal, ..... PETITIONER AND 1 The Warangal Municipal Corporation, Warangal, Rep. by its Commissioner. 2 The Superintendent of Prohibition & Excise, Warangal, Warangal District. 3 The Deputy Commissioner of Prohibition & Excise, Warangal, Warangal District. .....RESPONDENT(S) 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 to issue an appropriate writ or order or direction more particularly one in the nature of writ of Mandamus declaring the proceedings dt. 11-4-2007 in Roc No. F3/10912/07 issued by the 1st respondent herein whereby canceling the No Objection Certificate dt. 23- 8-2006 issued by the 1st respondent to establish Bar and Restaurant in the premises bearing No. 11-25-156, Auto Nagar Road, Warangal as the same is illegal, arbitrary and violation of principles of natural justice and consequently to direct the 2nd respondent to process the application of the petitioner for issue of licensing Form 2B to carry on the business of Bar and Restaurant i.e, M/s. Ganga Bar and Restaurant, premises bearing No. 11-25-156, Auto Nagar Road, Warangal. Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: MR.D.NAGESWARA RAO The Court made the following : ORDER: The petitioner calls in question in this writ petition the action of the Commissioner, the Warangal Municipal Corporation, Warangal-1st respondent in withdrawing the ‘no objection certificate’, dated 23.08.2006, issued to him. 2. The petitioner obtained trade licence from the Food Inspector, Warangal and ‘no objection certificate’ from the 1st respondent- Corporation to start Bar and Restaurant in the premises bearing No.11- 25-156, situated at Auto Nagar Road, Kothawada, Warangal. Even before commencement of the business, ‘no objection certificate’ issued to him came to be cancelled and later on revived and thereafter again withdrawn on the representation of the respondents 4 to 9. 3. Notice before admission has been ordered on 27.12.2007. 1st respondent-Corporation filed counter-affidavit. A.Venkata Rami Reddy, Commissioner, Warangal Municipal Corporation, has sworn to the counter-affidavit. It is stated in the counter-affidavit that the 1st respondent-Corporation received several complaints and objection petitions from the neighbours and residents of the locality for issuing the ‘no objection certificate’ to the petitioner to run bar and restaurant. In view of the said complaints only, the 1st respondent-Corporation has withdrawn the ‘no objection certificate’ issued to the petitioner. 4. Heard learned counsel appearing for the petitioner; learned Standing Counsel appearing for the 1st respondent-Corporation; learned Government Pleader for Prohibition and Excise appearing for the respondents 2 and 3 and learned counsel appearing for the respondents 4 to 9. 5. Learned counsel appearing for the petitioner submits that the 1st respondent-Corporation having issued ‘no objection certificate’ to the petitioner proceeded to withdraw the same without putting the petitioner on notice and therefore, the proceedings with regard to the withdrawal of the ‘no objection certificate’ issued by the 1st respondent-Corporation are required to be set aside. 6. Learned counsel appearing for the respondents 4 to 9 submits that the proposed bar and restaurant falls in residential zone and therefore, the 1st respondent-Corporation is justified in withdrawing the ‘no objection certificate’ issued to the petitioner. 7. The narration of facts indicates that the 1st respondent-Corporation issued ‘no objection certificate’ to the petitioner to start bar and restaurant. Subsequently the 1st respondent-Corporation cancelled the ‘no objection certificate’ and thereafter revived the same and once again withdrawn. The proceeding under which ‘no objection certificate’ came to be withdrawn does not indicate of the petitioner being put on notice or inviting his response to the objections raised by the residents of the locality. The proceedings issued by the 1st respondent-Corporation are in clear violation of the principles of natural justice and therefore, the proceedings whereunder the ‘no objection certificate’ issued to the petitioner came to be withdrawn are hereby set aside reserving the liberty to the 1st respondent-Corporation to hear and consider the written explanation made by the petitioner before passing any orders on the complaints allegedly made by the respondents 4 to 9. 8. Accordingly, the writ petition is disposed of at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:19th June, 2008. Note: Issue C.C. within 2 days. B/o cs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}