High Court · 2025

I Eft'.U:3'Sif.i3r1tt3;'"* : iiSi:""r:[ve u. Ihe Chief Executive^OJficer,, Cantonment Board, Secunderabad_ 4. smt. Sujata Gupta, W/o no1 knowri t9 fti:til:r Il:9_ry:r Exelutive officer, uanronment Board, Court compornd, "Sp,ffi;", oecunderabad - soo003. ..,RESPONDENTS petition under Articre 226 0f the constitution of India praying that in the circumstances stated in the affidavit filed therew preased to issue a writ or order or direction ,or"*,tl ,tr Jln,:::il"T:,:; Mandamus decraring the action of the respondents 1 to 3 in issuing the impugned notice Dated 12.07.2016 w*ho ur j u risd ictio n a nd "llil""' "; ;Til"." :l :H:;,.ll1 provisions of rhe cantonments Act, 2006 apart from being viorative of Articre 14, ":,,Xii,,;:.,"J 19 and 21 of Constitution of India and consequenfly set aside the same by directing the respondent to refund the penarty amount paid by the petitioner under protest with interest. I.A. NO:1 oF 201 MP. NO: 30103 OF 20 16 Petition under Section 151 CPC praying that in the c theaffidavitfiledinsupportofthepetition,theHighCourtm the respondents 1 to 3 to raise the seizure and permit the p business in the premises No 2' Puna Reddy Building' ColonY, Karkhana, Secunderabad lrcumstances stated in ay be Pleased to direct etitioner to conduct the Kakaguda, VikramPuri 3:r[:l#lffi ".::x:li!,itJ.?s'""it3l"i[iq'ffilf#EARAo'sRsc Counsel forthe ResPondent No'4: - The Court made the following: ORDER i I I I I t I I l i i I , I , i t I I I HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITIONNo.24422 of 20L6 ORDER; _ This writ petition is filed seeking the lollowing prayer:_ . "declaring the action o{. ,l.n* respondent Nos. I to 3 in tssu ins the impu s ned noii." .D ol"i i' ilii.. zii u as itte s at, :::,::1ry and . hishhand.ed ""t";i;,.;:;", utithout JunsdrcLion and uiolati.ue of princfuds..t "*ri"*t justice, uiotatiue of prouisions _"f" ti,^. ;';r";""i;;:, Act, 2oo6 apart from beinq uiola of Articles 14, tg and 2t of constiution" :?:"baa:,3i.ti"s1;.!;;1,::;::ii:Th;;',tr,;:":X; ""a., p,ii',i *ith int.,",r ]:;i::l::" "i',riiJ')'^t by the periLioner

2. Today when the matter has been taken up for hearing, none has appeared on behalf of the petitioner. The facts of the case are that petitioner is a prlvate limited company incorporated under the Companies Act and is dealin g in the business ot. textiles. Initially petitioner e stablished a shop at Shop bearing No.C-2, pooja plaza, Vikrampuri, Karkhana, Secunderabad in the name and stvle of 'Trisha Trends, by obtaining shop on lease and oOtainea traae license under Sectio n 2ZT of Cantonment Act, 2006 (for short the Act' hereinafter) uid,e Fjte No. SCB/RS/Tradelicense/ 366 1 dated 12-rr.2or4 for the period 2or4_rs. Thereafter, on Ol.O4.2O16 the petitioner changed the premises to Shop No.2, 2 Karkhana, Secunderabad Pulla ReddY Building' Kakaguda, VikramPuri ColonY' Petitioner sr--Lbmits that the said was not enlisted under Sectio n 277 of the Act' Whiie so, Petitioner applied for renewal of trade llcense uide pending for Application dated 27 05'2016 and the same rs business consideration.

4. tt is lurther submitted that respondent No 3 ' without any notice to the petitioner' has come to the premises of the petitioner on 2a '06 2016 and asked the respondent No.1/Board to seal the premises' accordingly the premises u'as sealed by respondent authorities' At the time of seizure' there are 12employees working in the premises with stock worth of lakhs. It is the case of the petitioner that respondent authorities without even hearing the petitioner had sealed the premises which is in contravention to the provisions of the Act' Aggrieved by the said action of respondents' petitioner has filed a writ petition in W'P'No 21 329 of 2O16 before this Court and this Court uide order dated 05'07'2016 has gralted an interim order in petitioner's favour and also left oPen to respondent authorities to take action against the petitioner tn accordance to 1aw, if the petitioner creates any nuisance in the premlses. i t i i i I I I t I I I i I I i i i I i t i i I t I .J

5. Thereafter, respondent authorities had issued notice under Section 2BO of the Act dated t2.OT.2016 uid,e Lr.No.SCB/Trade License/ 2276 d.irecting the petitioner to pay penalty of Rs.2,24,5OO/- and the petitioner thereafter approached respondent/ Board and sought - explanation 1br grvrng such a notice and also placed a copy of order passed by this Court in W.p.No.21329 of 2016. Thereafter the petitioner aiso informed respondent No.4 that under Sectio n 222 of the Act, the petitioners, business was not listed and was yet to obtain license. However, without hearing the version of the petitioner, respondent No.4 insisted petitioner to pay the penalty immediateiy for the purpose of raising the seizure. Accordingry, petitioner paid the penalty amount as mentioned in the impugned notice. Even after payment oi_ the same, respondent authorities have not raised the seizure of the subject premises Questioning the same, the present writ petition is filed.

6. The petitioner submits that Section 227 of the Act stipulates licenses required for carrying on certain occupations and without trade license, the business as detailed in the provlsron carnot be run. In the said provision, the business of the petitioner is not listed, as such it is not mandatory on the 4 pa-rt of the petitioner to obtain license from the Board and that as an abr.rndant caution petitioner has obtained trade license in the year 2014 itself and doing business' hor't'ever' the same couldnotberenewedfortheperiod20l5-16andon 31.05.20 16, after receipt of the notice from Board for payment of license fee and penalty amount' for the period 2015- 16' the petitioner paid an amount of Rs 33' 125/- The renewal the new Premises is also appltcation of the Petitioner for pending since 27.05 2O16 Section 280 of the Act deals wrth the procedure of serzure of shop' Section 280 of the Act is extracted herein: "280. Pou-ter to uary license'- If the Board is satisfied that ang place used under a license granted under this Chapter is a nuisance or is likelg to be d.angerous to tife, healtlt or propeftA' the Board mag ' bg notice in tuiting, require the otaner' lessee or occupier th,ereof to discontinue the use of such place or to effect such alternations, additions ' or improuements as rttill, in the opinion of the Board' rend,er it no longer a nuisance or dangerous "

7. In the impugned proceedings dated' l2'O7 '2016 issued by Chief Executive Officer, Secunderabad Cantonment i.e., respondent No.3, it was informed that the petitioner has operated the garment shop initiaily at C2' Vikrampuri' I I I I i { i : I I I I I ! I 1 { ) Karkhana, Secunderabad without proper authorization and subsequently shiited Shop No.2. pulla Reddy Building, Karkhana Main Road, Secunderabad without obtaining trade license and thereby contravened the statute and is liable for penalty and a penalty of Rs.2,24,50O/- was levied under Section 2g0 of the Act for unauthorized operation for a period of 439 days and was directed to pay the penalty amount for operating the business without trade license. B This Court in W.p.M.p No.30103 of 2O16 on 25.02.2016 has passed the following order: "There shalL be ini direction as praged' for subject to the conditio n as the petitioner ensuring adequate parking for the customers uho uisit the shop as utell as petitioner,s manufacturing premises in cleo.n and green.,,

9. Since the petitioner has a-lready paid the penalty and respondent Board has issued provisionar trade license for the financial year 2074_15 dated 12.11.2014 and thereafter, it appears that no fresh license application has been filed by the petitioner for renewal of the existing license and there is no subsisting license copy filed. That apart none has appeared on behalf of the petitioner to put forth any submissions, the relief 11 6 sought in the writ petition cannot be mandamus can be issued at this stage' granted. As such no \

10. Accordingly, this writ petition is devoid of merits and stands dismissed' Miscellaneous petitions' if any ' pending 1n this writ petition shal1 stand closed' No costs //TRUE COPY/, o.r,3rol,3tlt$t't$H / SECTION OFFICER To i.3l333138ElP.[}.Jfl.\fi}ffiAXA:JH!3Pb"fitx[ofou*"J'*. a. two CD CoPies toPucl PSK./BSK YY i I t i i I I I I I I HIGH GOURT DATED:0110712025 I ORDER WP.No.24422 of 2016 1HE Sra Iq: R o ( e J c (.) 6 21 IUE 2M i 'i DISMISSING THE WRIT PETITION WITHOUT COSTS 6gD Y"N