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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO

WRIT PETITION No.41175 of 2014

DATE: 05.02.2026

Between:

Smt. Rukmini Devi Educational Trust

& another

…Petitioners

AND

The Greater Hyderabad Municipal Corporation,

(GHMC), Circle No.10, Tank Bund, Hyderabad,

Represented by the Commissioner.

…Respondent

ORDER:

This Writ Petition is filed under Article 226 of

Constitution of India seeking the following relief:-

“…to issue a Writ of Mandamus or other appropriate

order or direction in the nature of a Writ declaring the

impugned notice bearing SI.No.4945, Book No.50, dated

22.12.2014 issued by Respondent as arbitrary,

discriminatory, without jurisdiction and violative of

Articles 14 and 19 (1) (a) of the Constitution of India and

null and void, abinitio and consequently restrain the

respondent from giving effect to the same in the interest

of justice and pass such other order or orders…”

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2. Heard Sri T. Amarnath, learned counsel representing Sri

B. Nalin Kumar, learned Senior Counsel for the petitioners and

Sri Midde Arun Kumar, learned Standing Counsel for GHMC,

for the respondent. Perused the record.

3. The instant writ petition has been filed questioning the

notice dated 22.12.2014 purportedly issued under Sections

521 and 622(4) of the Greater Hyderabad Municipal

Corporation Act, 1955, wherein the petitioners, who are

imparting education by running a School have been called

upon to register their trade through Online CSC at circle office

or Mee-Seva and obtain/renew the license within seven days

from the date of receipt of the said notice, by paying an amount

of Rs.30,70,20/- towards license fees in the shape of Demand

Draft (DD) drawn in favour of the Commissioner of GHMC.

4. The case of the petitioners is that, the petitioners are the

Society, who are running the School from Nursery to 10th

Class, under Educational Trust by obtaining appropriate

permission from the competent authorities and affiliated to

Central Board of Secondary Education (CBSE) vide proceedings

bearing No.CBSE/Aff/130345-SC-00894-1415/727487 dated

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24.06.2014 the 2^nd respondent has a strength of 400 students

and around 50 staff members, both teaching and non teaching

staff.

5. The petitioners have been running a School at premises

H.No.8-2-404 & 404/1, Banjara Hills, Hyderabad, from the

year 2012. While so, the impugned notice has been issued by

the GHMC, directing the petitioners to obtain trade license,

contending that they are falling under Article 19(1) (g) of the

Constitution of India and the said School is coming under the

activities of trade or a business and the said notice has been

admittedly issued under Section 521 of GHMC Act and it

envisages that the license should be obtained, however, it does

not specify whether it is covered by Schedule ‘P’ to GHMC Act.

Further, as per Section 521 of the GHMC Act, 521 - certain

things not to be kept and certain trades and operations not to

be carried on, without a license - (i) any of the trades or

operations connected with trade specified in Part IV of

Schedule ‘P’; (ii) any trade or operation which, in the opinion of

the Commissioner, is dangerous to life, health or property, or

likely to create a nuisance either from its nature, or by reason

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of the manner in which, or the conditions under which, the

same is or is proposed to be carried on.

6. Section 622 of the GHMC Act envisages the

Commissioner to grant trade licenses by following due

procedure. Admittedly, the petitioner-Society is running the

School by imparting the Education from Nursery to 10^th class

and by collecting appropriate structured fee in pursuance of

the statutes.

7. Learned Senior Counsel for the petitioners would contend

that the very school is not a commercial activity as envisaged

under Article 19(1) (g) of the Constitution of India, wherein, to

practice any profession, or to carry on any occupation, trade or

business.

8. For better appreciation of