ABRAR KHAN PATHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition has been filed for the following relief: ...to issue a writ order or direction one in the nature of Writ of Mandamus declaring the proceedings RC.No.258/2020/PH/AMOH-II dt. 06.07.2020 issued by the 2nd Respondent rejecting the application made the Petitioner for grant of trade license for operating the Beef Meat Shop made vide Application No.42607-2020-QD dated 25.05.2020 and Application No.72840-2020-DO dated 18.06.2020 as being illegal, arbitrary without jurisdiction in violation of Articles 14 19(1)(g) and 21 of the Constitution of India and in violation of Sections 521 and 622 of GHMC Act, 1955 and in violation of principles of natural justice and consequently to set aside the proceedings RC.No. 258/2020/PH/AMOH-II dt 06.07.2020 issued by the 2nd Respondent and to grant the permanent trade license to the Petitioner for operating the Beef Meat Shop"?

(2.) This Court has heard Sri N.Ashwani Kumar, learned counsel for the petitioner and Sri S.Lakshminarayana Reddy learned standing counsel for respondent Nos.2, 3 and 5 who are the main answering respondents. Counter affidavit has been filed on behalf of respondent Nos.2, 3 and 5. The grievance of the petitioner before this Court is that the trade licence given to him for operating and running a beef meat shop was summarily rejected and that too for extraneous reasons. Petitioners counsel Sri Ashwani Kumar argues that licence is necessary from the respondents for carrying on the business. He points out that accordingly, the petitioner has applied to the Central Licencing Authority-respondent No.4 which has issued a licence to him on 11.06.2020. Learned counsel points out that the period of validity of the said licence is from 11.06.2020 to 10.06.2023. It is his contention that the petitioner has also applied to the 2nd respondent for issuance of a trade licence since a trade can only be carried on within the municipal limits after obtaining the trade licence only. He points out that the trade licence was initially issued on 29.05.2020 and thereafter similar licence was also issued on 18.06.2020 in Roc.No.72840/2020. It is his contention that while the licences are still pending, a closure notice was suddenly issued on 16.06.2020 to close down the trade since it is alleged that the petitioner did not obtain a proper licence and was causing a nuisance to his neighbours. This was followed by an order dated 06.07.2020 by which the request for granting of licence was rejected.

(3.) Learned counsel points out that neither under Section 622 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short 'the Act') or section 521 of the Act, is there any necessity to obtain no objection certificate from neighbours of the property to carry on the business. It is also his contention that any Government Officer who is given the power to exercise discretion should exercise the same for valid reasons and should pass his order on tangible material.