Smt M. Pushpavathi v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.20737 of 2018 ORDER:

Heard learned counsel for the petitioner and Sri Sampath Prabhakar Reddy, learned Standing Counsel for GHMC.

The notice, dated 11.06.2018, issued by the respondentGHMC, under Sections 521 and 622 (4) of the Hyderabad Municipal Corporation Act, 1955 (for brevity, 'the Act'), is under challenge in the present Writ Petition.

According to the petitioner, she obtained certificate of registration from the Labour Department for running a Tiffin centre under the name and style of 'Sai Shiva Ganesh Tiffin Centre' on 08.05.2018. It is submitted that, on 13.04.2018, she also obtained a provisional trade licence under Sections 521 and 622 (4) of the Act. While the things being so, the respondentGHMC issued the impugned notice, dated 11.06.2018, stating that the petitioner is running business/trade without obtaining/renewing the trade licence, which is violative of Section 521 of the Act. In fact, after receipt of the said notice, petitioner herein submitted a reply, dated 13.06.2018, and the same was received by the office of the Deputy Commissioner, Circle-V, GHMC.

When the matter is taken up it is submitted by the learned Standing Counsel that no coercive action will be taken by the respondent authorities pending consideration of the reply notice, dated 13.06.2018, and it is further submitted that, only after considering the said reply, further action, if any, would be taken by the respondent-GHMC. The said statement is placed on record.

Accordingly, Writ Petition is disposed of, directing the respondent-GHMC to consider the reply, dated 13.06.2018, submitted by the petitioner herein, in response to the impugned notice, dated 11.06.2018, and take further action, strictly in accordance with law. Till then, no coercive action, pursuant to the impugned notice, shall be taken by the respondent-GHMC. It is also made clear that, if there is any other violation, it is open for the respondent-GHMC to take action as per law. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

__________________ A.V.SESHA SAI, J 21st June, 2018 Tsy