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High Court for State of TelanganaWP/18450/2015disposed of no costs

N.Sridhar, v. The Commissioner,

2015-06-24P Naveen Rao3 pages

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18450 of 2015 Dated : 24.06.2015 Between:

N.Sridhar, S/o N.Radha Krishna .. Petitioner And The Commissioner, Gadwal Municipality and others .. Respondent THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18450 of 2015 ORDER :

The case of the petitioner is that he applied for grant of license for running a restaurant under the name and style of Adda Family

Restaurant at Lingambagh colony, Gadwal, Mahaboobnagar District before respondent No.-1 authority. Pending the said application, on an oral permission granted by respondent No.1, the petitioner has started the restaurant. However, on a complaint made by the local politician, respondent No.1 has seized his restaurant. Hence, the petitioner filed the present Writ Petition.

Heard learned Counsel for the petitioner and perused the record.

A perusal of the record goes to show that the petitioner has approached this Court without making an application to respondent No.1 for grant of licence. The alleged seizure was four years back. All along he kept quiet without making any application, in accordance with the procedure prescribed under the A.P. Municipalities Act, 1965 and the Rules made thereunder, seeking permission to restart his restaurant. Even before a request was made before the competent authority, the petitioner has approached this Court. Therefore, it is incumbent upon him to pursue his application for grant of license before the competent authority if it was already made and, if he so chooses, may file another application for restarting the restaurant in accordance with the rules and procedure prescribed under the Act.

Thus, granting liberty to the petitioner to avail the procedure envisaged under the Act for starting the restaurant, this Writ Petition is disposed of. No costs.

Consequently, Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

___________________ P.NAVEEN RAO, J June 24th, 2015.

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