HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 16128 OF 2010 DATED 22ND SEPTEMBER, 2014.
BETWEEN Smt. U.Latha Rao ….Petitioner And Greater Hyderabad Municipal Corporation, Rep. by Dy.Commissioner, GHMC, Kapra circile, Hyderabad and anr.
….Respondent.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 16128 OF 2010
ORDER:
Heard the learned Counsel for the petitioner and Standing Counsel appearing for the respondents.
Even after lapse of four years, no counter affidavit is filed by the respondents. In the circumstances, this Court has no option except to dispose of the Writ Petition based on the material available on record and in the absence of the counter affidavit filed by the Standing Counsel for the respondents.
The husband of the petitioner is stated to be the absolute owner of house bearing No. LIG.271 situate at Dr. A.S.Rao nagar, Hyderabad. The land in the said plot admeasuring to an extent of 296.6 square yards was allotted by the ECIL Employees Cooperative Housing Society in favour of the husband of the petitioner by executing registered sale deed on 26.02.1979. After registration of the said plot, the husband of the petitioner constructed a house by obtaining permission from Kapra Municipality on 19.09.19897. Since the petitioner is a housewife and has no regular employment, to over come certain financial problems, she started preparing ‘Ariselu’ and other food items at her residence with the assistance of some poor women. While so, the second respondent issued a show cause notice at the instance of the local people on 22.02.2010 directing her to obtain a valid and proper trade license by paying requisite fee. On 27.02.2010 the second respondent came to her premises and high handedly taken away certain items, namely, weighing machine, rice machine, cylinders and stoves and in that regard, he gave a chit by way of receipt. Complaining the same, the petitioner filed Writ Petition No. 9538 of 2010. In the said Writ Petition, this Court passed an interim order on 28.04.2010 directing the respondents to consider and pass orders on her application dated 5.4.2010 for grant of trade license within a period four weeks. Thereafter, another notice was issued on 13.05.2010 in exercise of powers under Section 622(4) of the Hyderabad Municipal Corporation Act directing the petitioner to stop unauthorized manufacturing of ‘Ariselu’ and other food items and to vacate the premises within ten days from the date of receipt of the said notice. The said notice was followed by another notice dated 22.06.2010 rejecting the application of the petitioner dated 05.04.2010 on certain grounds. It appears that subsequently the aforesaid Writ Petition was closed and challenging the notice dated 22.06.2010 the present Writ Petition was filed.
The learned counsel for the petitioner submits that in respect of the notice dated 22.06.2010, the petitioner submitted representation on 28.06.2010 requesting the respondent authorities for issuance of trade license. He further submits that preparation of the sweets in the domestic premises does not require any trade license as contemplated under Section 521 of the Greater Hyderabad Municipal Corporation Act.
However, without going into the merits of the case, this Court is inclined to dispose of the Writ Petition, in view of the explanation submitted by the petitioner to the said notice, by directing the second respondent to consider the representation/explanation dated 28.06.2010 submitted by the petitioner in response to the notice dated 22.06.2010 issued by the second respondent and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order.
The Writ Petition is accordingly disposed of. Pending consideration of the representation of the petitioner dated 28.06.2010 and passing of orders thereon, the interim order dated 09.07.2010 granted by this Court shall continue.
Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 22ND SEPTEMBER, 2014.
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