M/S. Symposium Café 4 Resta (Coffee Shop Cafe) v. The State Of Telangana

THE HON'BLE SRI JUSTICE SURESH KUMAR KAIT WRIT PETITION No.24476 of 2016 ORDER:

Vide the present petition, petitioner seeks direction thereby directing the respondents not to interfere with the business of the petitioner in serving flavoured Hookahs to his customers except in accordance with law.

Learned counsel appearing on behalf of petitioner submits that the local police come to their premises and create hurdle in the smooth functioning of the business of the petitioner. Having no option, the petitioner has approached this Court by the present petition. He submits that the provisional trade licence is given to Sri Ch.Satya Teja to carry on the Trade/Operation of M/s SYMPOSIUM CAFÉ 4 RESTA (COFFFEE SHOP CAFÉ) at premises No.8-2-324/15 & 16, Road No.3, Banjara Hill, Hyderabad vide TIN No.0072-051-1510 for the year 2016-17, under the provision of relevant sections of HMC Act 1955, in conformity with terms and conditions set-forth in relevant bye-laws, and subject to the factuality of the particulars furnished in the application/self assessment form/undertaking/ documents and subject to the revision and fixing of Licence fee as per future verification of yard stick parameter.

The said provisional trade licence was issued on 18.4.2016 by the Commissioner, Greater Hyderabad Municipal Corporation. However, the local police are interfering in smooth running of the business of the petitioner.

On a specific query put by the court, learned counsel for the petitioner failed to show any show cause notice issued or action taken against the petitioner.

It is needless to state that as per the licence mentioned above, the petitioner has every right to run the business until he violates the

terms and conditions of the licence and violates the law prevalent to this effect. Since there is no action taken by the respondent authority, on a bald statement made by learned counsel for the petitioner, no direction is required to be issued and this petition has been filed on assumption and presumption.

In view of the above, I am of the considered opinion that the present petition is only on apprehension. Thus, there is no merit in the present petition and same is accordingly dismissed. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand dismissed.

___________________________________ JUSTICE SURESH KUMAR KAIT.

Date :25-07-2016 Gvl