M/S Rs Brothers Retail India Private Limited, v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.15633 of 2016 ORDER:

Heard Sri M.R.K. Chakravarthy, learned counsel for the petitioner, and Sri P. Kesava Rao, learned Standing Counsel for the Greater Hyderabad Municipal Corporation.

The prayer of the petitioner in this case is as under: "For the reasons stated in the accompanying affidavit, it is hereby 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 2nd Respondent Corporation in demanding Trade License and Fee thereon under Section Nos.516, 521, 539, 622 and 623 of the Greater Hyderabad Municipal Corporation Act, 1955 in respect of the Petitioners Shops situated in the Tri-Cities of Hyderabad, Secunderabad and Cyberabad within the jurisdiction of the Respondent Corporation as illegal, arbitrary violative of Article 14, 19 (g), 243-X and 300-A of the Constitution of India and consequently direct the Respondent Corporation not to make any such demands without there being any authority under law and pass such other order or orders as this Hon'ble court deems fit and proper in the circumstances of the case."

The issue raised in this writ petition is no longer res integra in the light of the decision rendered by this Court in W.P.Nos.5069 and 15251 of 2006. A copy of the common order dated 09.06.2014 passed in the said writ petitions is placed on record. For reasons alike as were stated in the afore-stated order and in terms thereof, this writ petition is allowed. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTICE SANJAY KUMAR 29th April, 2016 IBL/PGS