Mohammed Imran v. The State Of Telangana And 2 Others

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 26131 OF 2019 O R D E R :

This writ petition is filed challenging the action of 2nd respondent in issuing impugned notices No.SPL/TL/HS/2290/GHMC/2019, dated 16.11.2019 and SPL/TL/HS/2290(1)/GHMC/2019, dated 21.11.2019, wherein and whereby the petitioner was asked to stop the business of Fast Food Centre running in the name and style of Hang Out Fast Food Centre.

Learned Counsel for the petitioner submits that petitioner has valid licence to run the Fast Food Centre business till 2020; that without any prior notice, all of a sudden, petitioner was asked to stop his business which is otherwise flourishing and the same is in violation of principles of natural justice. On the other hand learned Standing Counsel for 2nd respondent submits that as petitioner has not responded to the earlier notice dt.16.11.2019, the 2nd respondent issued Reminder Notice dt.21.11.2019.

It is to be seen that both the notices i.e. 16.11.2019 and 21.11.2019 are straight away issued to the petitioner asking him

to stop his fast food business, basing on a complaint. Both the notices do not indicate that any show cause notice was issued to the petitioner.

In view of the above, without expressing any opinion on merits, the writ petition is disposed of permitting the petitioner to submit explanation within one week from today, treating both the impugned notices as show cause notices, and on such explanation being filed the respondents shall consider the same in accordance with law and take action accordingly. Till then, no coercive steps shall be taken against the petitioner. If petitioner fails to submit explanation within one week, it is open for the respondents to proceed further in pursuance to the impugned notices dt.16.11.2019 and 21.11.2019. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending in the writ petition, shall stand closed.

___________________________ A.RAJASHEKER REDDY, J 28.11.2019 Note: Issue CC by 29.11.2019.

B/o.t k.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 26131 of 2019 28.11.2019 tk