B RAMA BABU PROPRIETOR HAPPY CORNER VIJAYAWADA Vs. COMMISSIONER AND SPECIAL OFFICER VIJAYAWADA MUNICIPALITY VIJAYAWADA

JUDGEMENT

(1.) Both the Writ Petitions are filed by Sri P. Rama Babu, Proprietor Happy Comer, Vijayawada. Since common questions are raised in both the writ petitions they are disposed by this judgment.

(2.) W.P. No. 4269 of 1975 is filed by the petitioner to quash the order of the Commissioner and Special Officer, Vijayawada Municipality the respondent, dated 2nd August, 1975. W.P. No. 2226 of 1976 is filed to quash the order of the same officer, dated 7th July, 1976.

(3.) In order to appreciate the questions raised in these two writ petitions, it is necessary to state a few facts. The petitioner submitted an application in 1969 to the Vijayawada Municipality for construction of building for running an Amusement Park, but no permission was granted to him by the Municipality. He applied for a licence under the Andhra Pradesh Places of Public Resort Act, 1888 (hereinafter called, the Act) and it was granted by the Chairman of the Vijayawada Municipality on 10th September, 1971. Subsequently it was cancelled. Thereupon he filed a writ petition in this Court and obtained interim directions. Subsequently at no time the Municipality renewed his license, but the petitioner went on filing writ petitions year after year in this Court and was obtaining interim directions and by virtue of these interim directions he was running the amusement park. When the respondent refused to renew the licence from 13th May, 1975 to 12th May, 1976 he filed W.P. No. 4269 of 1975. Similarly when the respondent refused to renew the licence from 13th May, 1976 to 12th May, 1977 he filed W.P. No. 2226 of 1976.