Mohd.Ishaq Qureshi v. The Commissioner

HON'BLE SRI JUSTICE P. NAVEEN RAO Date: 20.6.2019 Between:

Mohd. Ishaq Qureshi .. Petitioner And The Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund, Hyderabad and others.

.. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO ORDER:

The Greater Hyderabad Municipal Corporation started modern slaughter house at Ramansthapura, Hyderabad in the year 2012. After starting of slaughter house, bids were called and contract was awarded to the highest bidder.

2.

According to the petitioner, since the contractor committed default in payment of rents, the premises is kept idle by the Respondent Corporation and in view of not calling fresh tenders, much inconvenience is being caused to the general public including the petitioner. The petitioner asserts that since they belong to Qureshi family and are in the profession of slaughtering animals, the Corporation ought to have allowed him to continue slaughtering operations or atleast should have called for fresh tenders. The petitioner therefore seeks a direction to the respondents to dispose of the representation made by him on 30.8.2018 to permit him to utilize the slaughter house at Ramansthapura at Municipal/Government rates for manual slaughtering during night time. 3.

At paragraph 4 of the counter affidavit filed on behalf of Respondent Corporation, it is asserted that due to non-payment of GHMC fees, the Veterinary wing of GHMC terminated the contract and took possession of slaughter house on 29.8.2017 and maintaining the slaughter house. At present the slaughter house is used for slaughtering animals for domestic purpose. It is further stated that the petitioner is doing business in beef by taking the beef

from this slaughter house. It is also stated that GHMC is maintaining the slaughter house properly and there is no inconvenience caused to the general public.

4.

Merely because petitioner is involved in the profession of slaughtering, the Corporation cannot be directed to consider his case to utilize the slaughter house for manual slaughtering of animals during night time, which is nothing but awarding contract on nomination basis. Since property belongs to GHMC, it is for the GHMC to deal with it. The petitioner cannot seek Mandamus to call for tenders and award contract in his favour. There is no merit in the writ petition.

4.

Accordingly, the writ petition is dismissed. However, dismissal of this writ petition does not come in the way of GHMC taking steps to call for fresh tenders if intend to award contract. As a sequel, the miscellaneous applications, if any, shall stand closed. ____________________ P. NAVEEN RAO, J Date: 20.6.2019 DA

THE HON'BLE SRI JUSTICE P. NAVEEN RAO 20.6.2019 DA