MOHAMMAD YASEEN KHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this revision case the question that falls for determination is whether a licence is required to be obtained under Sec. 521 of the Hyderabad Municipal Corporation Act, hereinafter referred to as "the Act" for letting out any premises for performance of marriages.

(2.) The petitioner is the owner of the premises bearing Municipal No. 16-7-730 situate at Azampura, Hyderabad. He has been letting out the premises for the purpose of performance of marriages charging rent therefor. He did not obtain any licence from the Municipal Corporation for letting out the premises for the said purpose. He was served with a notice Ex. P. 1 by P W. 1, a sanitary inspector of the Municipal Corporation of Hyderabad demanding payment of licence fee from him under Section 521 (i) (e) (ii) of the Act. The petitioner not having paid the amount demanded was prosecuted under Section 596 of the Act before the VII Metropolitan Magistrate, Hyderabad and sentenced by the learned Magistrate to pay a fine of Rs. 300/-. On appeal the sentence was confirmed.

(3.) Sri C. Padmanabha Reddy learned counsel appearing for the petitioner strenuously contends that performance of a marriage can never amount to a nuisance and that in any event the commissioner of the Municipal Corporation not having recorded any opinion that marriages performed in the premises of the petitioner were creating a nuisance, the charge levelled against the petitioner should necessarily fail.