M/S. Heartcup Coffee( Avasi Hotels) v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 10150 OF 2019 O R D E R:

This Writ Petition is filed seeking a direction to the 2nd respondent Corporation not to interfere with the business activities of the petitioner at its Restaurant i.e. Heart Cup Coffee (Bar and Restaurant) situated at Plot No. 1179, Road No. 45, Jubilee Hills, Hyderabad, pursuant to the notice dated 30.04.2019 and to consequently quash the said notice dated 30.04.2019. Through the notice impugned in this Writ Petition, the 2nd respondent Corporation directed the petitioner to submit reply to the objections raised therein within 24 hours from the date of receipt thereof, failing which, it is informed that the office would initiate necessary action as per the provisions of Section 461-A / 622 (4) / 636 of the GHMC Act , 1955.

Heard learned counsel for the petitioner as well as Sri L. Venkateswar Rao, learned Standing Counsel for the Corporation.

A perusal of the impugned notice discloses that time-frame of 24 hours was prescribed to submit the reply for the objections raised therein, which is not reasonable. However, as it is stated that the petitioner had already submitted a reply to the said notice, the same is directed to be considered by the Corporation before taking any coercive steps. It is needless to mention that as the petitioner desires to have an opportunity of hearing, the same also shall be provided by the Commissioner before passing an order pursuant to the notice dated 30.04.2019.

With this order, the Writ Petition stands disposed of. No costs.

Consequently, the miscellaneous Applications, if any shall stand closed.

_____________________________ CHALLA KODANDA RAM, J 01st May 2019 Issue CC by tomorrow.

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