M/S Haveli Bar And Restaurant, v. The State Of Telangana,

HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.5673 of 2015 Date: 09-03-2015 Between:

M/s. Haveli Bar and Restaurant, represented by its Proprietor, K.V. Narsinga Rao .. Petitioner AND The State of Telangana, represented by its Principal Secretary, Municipal Administration, Secretariat, Hyderabad and 2 others .. Respondents HON'BLE SRI JUSTICE A. RAJASHEKER REDDY Writ Petition No.5673 of 2015 ORDER:

This writ petition is filed for a mandamus declaring the action of the respondents 2 and 3 in insisting to renew the trade licence vide TIN No.054-051-0014 and to pay huge amount of Rs.4,07,760/- thereon towards renewal fee, penalty etc., otherwise threatening to close the business or seize the property as illegal, arbitrary and violative of principles of natural justice and for a consequential direction to the respondent not to interfere with the petitioner in carrying on its business of the said Bar and Restaurant.

2. The case of the petitioner is that the petitioner is carrying on its business in the subject property and it applied for grant of trade licence for carrying on the business in the name and style of Haveli Bar and Restaurant and after verification, the 2nd

respondent granted trade licence TIN No.054-051-0023 by collecting necessary fee from the petitioner and the petitioner has been paying licence fee regularly and for the current an amount of Rs.42,140/- has been paid on 20-06-2014 towards renewal of trade licence bearing TIN No.054-0510023. While so, on 18-02-2015, some of the officials of the respondent Corporation came to the subject property and demanded for payment of trade licence fee in respect of TIN No.054-015-0014 for an amount of Rs.4,08,760/-, for which the petitioner submitted his explanation on 20-02-2014 with all details, but no orders are passed thereon. Aggrieved by the same, the present writ petition is filed. 3.

Heard the learned counsel for the petitioner and the learned standing counsel for the respondent Corporation.

4. Since it is stated that the petitioner already submitted his explanation dated 20-02-2014, which is pending with the 3rd respondent, it is for the 3rd respondent to consider the same and take appropriate action thereon.

5. Accordingly, the writ petition is disposed of directing the 3rd respondent to consider the explanation given by the petitioner dated 20-02-2014 and pass appropriate orders thereon, after affording a reasonable opportunity of hearing the petitioner, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of the order. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _____________________ A. RAJASHEKER REDDY, J Date: 10-03-2015 Ksn