J.K. Enterprises, v. The State Of Telangana, Rep. By Its Principal Secretary

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 36161 OF 2016 O R D E R :

The petitioner is running the used bottle business, which involves, purchasing used liquor bottles, cleaning with liquid soap and thereafter, selling the same to the liquor bottle dealers, at premises bearing Nos. 29 & 30, Srinivasa Nagar, L.B. Nagar, Hyderabad. While so, the 2nd respondent Greater Hyderabad Municipal Corporation served a show cause notice, dated 23.08.2016 on the petitioner alleging that it has been carrying on the trade without possessing licence, which itself is in violation of Section 521(1)(e)(ii) of the Hyderabad Municipal Corporation Act, 1955. Though the said notice directed the petitioner to submit the explanation within two days, the same could not be done, but its representative approached the 4th respondent and submitted oral explanation.

However, without considering the same, the petitioner's premises were seized on 09.09.2016. Thereafter, the petitioner made a detailed representation on 12.10.2016 to the 4th respondent, explaining, in detail, the nature of work that is being carried on by it and that if any trade licence is required to be obtained, the petitioner is ready to do so, but no attention has been paid thereto, so far. Hence, this Writ Petition. Learned counsel for the petitioner submits that on account of seizure of its premises, the petitioner has been incurring heavy losses, hence, the representation dated 12.10.2016 may be directed to be considered one way or the other.

Heard Sri P. Krishna Reddy, learned Standing Counsel for Greater Hyderabad Municipal Corporation.

Since the petitioner has already approached the 4th respondent by way of the representation dated 12.10.2016, explaining, in detail, its case, this Court is of the opinion that interests of justice would be better served if a direction is issued to the respondents, particularly the 4th respondent to consider and pass appropriate orders thereon, within a period of ten days from the date of receipt of a copy of this order. The petitioner is also at liberty to make its submissions, if any to the 4th respondent. With this, the Writ Petition stands disposed of. No costs. Consequently, the miscellaneous Applications, if any shall also stand disposed of.

____________________________ CHALLA KODANDA RAM, J 26th October 2016 Issue CC in two days.

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