Malothu Govind Naik Or Govind v. Union Of India

THE HONOURABLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.26025 of 2019 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking the following relief: "For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in failing to consider the representation of the petitioner dt.23.10.2019 served on them on 31.10.2019 in seeking to cancel the Cable TV Licence granted in favour of the 5th Respondent in the name and style of Sri Lakshmi Narsimha Cable Net Work with registration No.202 New issued by the 4th respondent dt.24.09.2012 pursuant to the registration of crime in FIR No.206 of 2019 dt.28.09.2019 by the P.S.

Mattampally, Suryapet District, Telangana State by restoring the license to the petitioner with registration No.180/MLG, dt.28.12.2011 as illegal, arbitrary, unconstitutional and consequently by directing the respondents to cancel the license issued in favour of the 5th respondent dt.24.09.2019 restore the license to the petitioner by duly considering the representation of the petitioner dt.23.10.2019 and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

2.

Heard Sri M.Janardhan Rao, learned counsel appearing for the petitioner, Sri Namavarapu Rajeshwar Rao, learned Assistant Solicitor General of India, appearing for respondents 1, 3 & 4 and learned Government Pleader for Revenue appearing for the 2nd respondent. Perused the material available on record. 3.

The grievance of the petitioner is that the 2nd respondent is not considering the representation of the petitioner, submitted to

respondents 2 to 4, on 23.10.2019, requesting them to cancel the license granted in favour of the 5th respondent which was obtained by misrepresentation and to restore his cable TV license forthwith in view of registration of crime against the 5th respondent.

4.

Having regard to the facts and circumstances of the case and without going into the merits of the case, the Writ Petition is disposed of directing the 2nd respondent to consider the representation of the petitioner, dated 23.10.2019, and pass appropriate orders after affording an opportunity to the petitioner as well as the 5th respondent since the petitioner and the 5th respondent have commercial transactions with regard to running a Cable TV Network and the role of the 2nd respondent is equally important in the matter to adjudicate the same. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order.

__________________________ T. AMARNATH GOUD, J Date: 26th November, 2019 KL