THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

WRIT PETITION No.34138 of 2014

ORDER:

This writ petition is filed seeking following relief:

“….Declaring the impugned inaction of respondent No.2 in considering the representation of the petitioners for renewal of the Trade License on the preexisting pattern of licence feees is arbitrary, illegal, high handed, capricious, unreasonable and violate the fundamental rights guaranteed to the petitioners under Articles 14, 19 (1) (g) apart from being in violation of principles of natural justice consequently direct the respondents to renew the trade licence of the petitioners for the years 2014-15 and continue to do so on payment of the

preexisting licence fees”.

2. Sri Y.S. Murthy, learned Senior Counsel, representing Sri T.S. Anand, learned counsel for the petitioners on record and Sri M. Arun Kumar, learned Standing Counsel for respondent Nos. 2 and 3 are

present.

3. Learned senior counsel for the petitioners would submit that petitioner is the proprietor of the two function halls in the name of Darul Aman Function Palace and Heena Mansion Function Hall situated in 10- 3-1 and 10-3-1/A, Mehadipatnam, Hyderabad and hiring the same for functions etc., by duly obtaining licence from the respondents. He would further submit that licence fee was Rs.1,000/- in the year 1983-84 the licence fee was increased to Rs.4,000/- in the year 1997 and it was

further increased to Rs.6,616/- from the year 2009-10 and the same is being paid without default. While the matter stood thus, respondents have enhanced the licence fees @ Rs.5/- per square feet aggregating to Rs.12,322/- for each function hall which is arbitrary, unreasonable and improper on the part of respondents. He would further submit that the issue of enhancement and licence fee is also not listed in the agenda before the Standing Committee in the meeting held on 24.02.2014 and was approved contrary to the settled principle of law and therefore, unsustainable and thus, prayed to allow the writ petition.

4. Learned Standing Counsel for respondent Nos.2 and 3 submits that respondents are empowered to enhance the licence fee in terms of Section 521 of HMC Act. He would further submit that the issue of enhancement of licence fee, in fact was approved in the meeting held on 24.02.2014 by the Standing Committee vide Resolution No.371 with the permission of Chairman and therefore, contention of learned senior counsel for the petitioner that the resolution was approved without there being on agenda is untenable. However, learned Standing Counsel would submit that the respondents would consider the representation dated 13.06.2014 submitted by the petitioners and pass appropriate orders in accordance with law.

5. Considering the submissions made by learned senior counsel for the petitioners as well as learned Standing Counsel for respondent Nos.2 and 3, writ petition is disposed of with a direction to the respondents to consider the representation submitted by the petitioners dated

13.06.2014 and pass appropriate orders in accordance with the provisions of GHMC Act and applicable laws by duly affording an opportunity of hearing to the petitioners. The respondents are directed to complete the entire exercise within a period of two months from the date of receipt of a copy of this order. There shall be no order as to costs.

Miscellaneous petitions, if any pending, shall stand dismissed.

___________________________________ LAXMI NARAYANA ALISHETTY, J

17th September, 2025 Bw

249 THE HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY WRIT PETITION No.34138 of 2014

17^th September, 2025 Bw