l\r'lohammad Sadath Qureshi v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of ll,landamus declaring the action of the Respondents No.3 and 4 in sealing the my licensed premises i.e., Abdul Khader Beef Shop at premises bearing no.40-069, Sanjay Gandhi Nagar, having trade licence Vide TIN No.TR-1612- 404-0001., without following the due process of law and consequenfly direct the action of lhe respondent No.3 and 4 to as illegal, arbitrary and violative of article 14,19 and 21 of the Constitution of lndia and also against the principles of natural justice and further direct the Respondents No.3 and 4 to unseal the ,/ premises forthwith, restore possession to the petitioner and i llow him to continue his business activity without obstruction, subject to compliarrr e of law. IANO:1O F 2025 Petition under Sectlon 151 CpC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High court ray be preased For the reasons stated in the accompanying affidavit, pen< i rg disposal of this petition, respondents may be directed to forthwith de-seal :r e premises bearing i.e., Abdul Khader Beef Shop at premises bearing no.40.l 69, Sanjay Gandhi Nagar, having trade rrcence vide TrN No.TR-1612-404-( ( 01, and to restore peaceful possession to the petitioner; further respondents rre restrained from taking any coercive action against the petitioner in respect r f the said premises till the disposal of this writ petition in the interest of justice. Counsel for the Petitioner: SRl. M. AMARNATH counsel for the Respondent No 1: Gp FoR Gp FoR McpL 6 )MN URBAN DEV Counsel for the Respondents No 2 To 4: SRt K.RAVI MAHEI DER SC FOR GHMC The Court made the following: ORDER 7 THE HONOURABLE SRI JUSTICE B. YIJAYSEN REDDY WRIT PETITION No.31301 OF 2025 ORDBR: (ORAL) Heard Mr. M.Amarnath, leamed counsel for the petitioner, and Mr. K. Ravi Mahender, leamed standing counsel for the GHMC, appearing for respondent Nos.2 to 4.

2. Learned standing counsel for the GHMC, appearing for respondent Nos.2 to 4, submitted that on the complaint received from the Nehru Nagar Welfare Association, Ranga Reddy Nagar, Kukatpally Division, on 04.08.2025 expressing their objections for setting up for a Beef shop in the subject property, notice dated

20.09.2025 was issued by respondent No.4 to the petitioner seeking his explanation. The petitioner was informed that action will be taken under the provisions of the Greater Hyderabad Municipal Corporation Act 1955 (for short'GHMC Act') and Rules made there under.

3. Leamed standing counsel further submitted that even before the reply was submitted pursuant to the notice dated 20.09.2025, the petitioner has opened the Beef shop and subsequently he submitted his reply on 11.10.2025. The respondent no.4 - Veterinary - .--.- \- 2 Officer, Qutbullapur Circle - 25, Kukatpally Zone IHMC, addressed a letter dated I 3. I 0.2025 to respondent No.3 stat ng that new Beef shop has been opened at Asbestos Colony, rtar Zeesan Hotel, Jagadgirigutla, and is located within fifty (50) neters of already existing licensed Beef shops in the same loc e lity, which is in contravention of the Clause 18 of the Hyrl u'abad Municipal Corporation control of butchers, Bye-Laws tt'. 3 and requested necessary action to be taken against the petitioner.

4. According to leamed standing counsel pending enquiry pursuant to the notice dated 20.09.2025, the petitio rer has opened the Beef shop, as such, the Beef shop of the petitioner r.vas sealed by the GHMC authorities.

5. Taking note of the fact that the notice dale 7 20.09.2025 was already issued to the petitioner, to which he has ::bmitted reply on

11.10.2025, this Court is not inclined to pass an1 rrders in this writ petltlon

6. Accordingly, the writ petition is dispor ed of, directing respondent No.3 - the Deputy Commissioner, GII yIC Circle No.25, l Qutbullapur, Kukatpally Zone, Hyderabad, to conclude enquiry pursuant to the notice dated 20.09.2025, by taking into consideration the reply submitted by the petitioner dated 11.10.2025, and pass orders, in accordance with law, by affording opportunity of hearing to the petitioner and all other concemed/interested persons, within a period of two (2) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in the writ petition sLand closed. SD/. M. ASSIST ANI EGISTRAR //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary trilA and UD , State of Telan a, At Secretariat, Hyderabad

2. The Commissioner, Greater Hyderabad lvlunicipal Corporation At Lower Tank Bund Hyderabad. 3 The Deoutv Commissioner, Greater Hyderabad Municipal Corporation Circle - No Zs, brthOullapur, Kukatpally Zone, Hyderabad' 4 Veternarv officer, Greater Hyderabad tr'lunicipal Cyrporation Circle No

25.26.27', Outhbullapur, Kukatpally Zone, Hyderabad 5. One CC to SRl. M .A[\,'IARNATH, Advocate [OPUC] 6.TwoCCstoGPFoRMCPLADMNURBANDEV,HighCourtfortheStateof Telangana. [OUT] 7- One CC tO SRI K.RAVI MAHENDER, SC FOR GHIVIC' [OPUC] 8. Two CD CoPies DAN BM &r 1 HIGH COURT DATED:1611012025 ORDER WP.No.3130'l of 2025 I I I I Li 1 sl'a c() 7 * I * ll ).ircr DISPOSING THE WRIT PETITION WITHOUT COSTS ,AP k