K RAM MOHAN RAO Vs. M C H

JUDGEMENT

(1.) The husband of the Managing Partner of Lakshmi Motors, a partnership firm carrying on business as dealers in motor cycles, filed the writ petition questioning the order of the Chief Medical Officer of Health, Municipal Corporation of Hyderabad, directing the petitioners to discontinue the trade in the premises in which they are now doing business by 25-2-1991 on the ground they are running the trade without licence and also the business is causing nuisance, health hazard and causing danger to public safety.

(2.) The facts of the case are: the 2nd petitioner-firm was constituted for carrying on business as dealers in Hero Honda Cycles after obtaining necessary rights from the manufacturers of Hero Honda Motor Cycles. The firm obtained the premises at 4-3-1091/13 to 15 at Somajiguda, Hyderabad, on a monthly lease of Rs. 6000/-for the purpore of show room-cum-sales office and established a show room-cum-sales office in April, 1989 at a huge expense of about Rupees 4 lakhs. While so, the Municipal Corporation of Hyderabad issued a show cause notice dated 11-2-1991 purporting to be one under Section 622 (4) of the Hyderabad Municipal Corporation Act 1956 (hereinafter referred to us 'the Act') stating that the trade in the said premises is causing nuisance and also causing health hazard thereby the public interest is beingjeopardised. The petitioners have submitted a suitable explanation to the said show cause notice within the period stipulated therein. Ultimately, the Corporation issued the impugned order dated 23-2-1991 directing the petitioner to discontinue the business by 25-2-1991.

(3.) The contentions raised by the petitioners are that the impugned order is illegal., malafide and violative of the fundamental rights guaranteed under Articles 14 and 19 (1) (g) of the Constitution of India, that they are not running any trade in any 'Workship or workplace' where they are neither employing nor intending to use any steam, water, electrical or other machanical power and therefore the question of obtaining any permission as contemplated under Section 514 of the Act does not arise.