M/S Samaraat Cold Storage Private Limited v. The Greater Hyderabad Municipal Corporation

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 18558 of 2016 ORDER:

Heard Sri P.Mehar Srinivasa Rao, learned counsel for the petitioner and Sri Pasham Krishna Reddy, learned Standing Counsel for G.H.M.C. With the consent of both the parties, the present writ petition is taken up for disposal at the admission stage itself.

The present writ petition is filed with the following prayer: "Issue a writ of mandamus declaring the action of the respondents in threatening the petitioner company for seizing of the company and insisting for the trade license and demand the trade license renewal fee as per the SMS Notice, as arbitrary, illegal and in violation of the provisions of the Greater Hyderabad Municipal Corporation Act and Rules; and consequently direct the respondents not to insist the petitioner company for the trade license and fee by dropping all further proceedings pursuant to the SMS notice and also direct the respondents to refund the amount already paid by the petitioner company as a trade license fee."

Though various grounds are raised in the writ petition, learned counsel for the petitioner restricts his prayer seeking a direction to the second respondent to dispose of the representation dated 08.03.2016 made by the petitioner questioning the imposition of trade license fee, at the earliest. Learned Standing Counsel for G.H.M.C. submits that if the said application is still pending consideration, the same will be disposed of in accordance with law.

Without going into the merits of the case and having regard to the facts and circumstances of the case, the present writ petition is disposed of directing the second respondent to dispose of the representation dated 08.03.2016 made by the petitioner, in accordance with law, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of the order, if the same is made and still pending consideration. It is needless to mention that the petitioner shall be given a personal hearing before disposal of the said representation. No order as to costs.

Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

_________________________ JUSTICE C. PRAVEEN KUMAR 14.06.2016 gkv