SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2026 Supreme(Online)(Tel) 12809

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO
MOHD. AFZAL ADILABAD DIST. AND 2 OTRS. – Appellant
Versus
THE GOVT.OF TG. MUN.ADMN. HYD. AND ANR. – Respondent
WP 32665/2014



IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION No.32665 of 2014 DATE: 12.03.2026 Between:

Mohd. Afzal and two others …Petitioners AND The Government of Telangana, Rep. by its Principal Secretary, Municipal Administration, Secretariat, Hyderabad and another …Respondents

ORDER:

This Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:-

“…to issue Writ, order or direction preferably Writ of mandamus, declaring the action of the 2nd Respondent in considering the applications of the Petitioners dated 07.02.2003, 18.10.2014, 20.10.2014 for grant of licenses to run Mutton Shops in there respective houses bearing Nos.H.No.5-682/1, H.No.4-372/1 and H.No.5-682/1 situated at Manchirial Town, Adilabad District, as illegal, arbitrary and violative of principles of natural justice and consequently direct the 2nd respondent municipality to consider the application of the petitioners for grant of licenses and pass such other or further orders..”.

2. Heard Sri Kowturu Vinaya Kumar, learned counsel for the petitioners and Sri Putta Krishna Reddy, learned Standing Counsel for GHMC, appearing for respondent Nos.1 and 2.

Perused the record.

3. When the matter is taken up for hearing, learned counsel for the petitioners would contend that though the applications are filed for grant of licenses, respondent No.2 is not considering the same.

4. Per contra, learned Standing Counsel for the respondents would contend that mutton shops cannot be permitted to operate within residential houses or localities, as, establishment of such shops in residential zones would adversely affect the living conditions and sanitation of the locality giving rise to numerous complaints from the residents of the surrounding area.

5. At this juncture, it is contended by learned counsel for petitioners that when the petitioners approached the authorities seeking grant of license for the purpose of eking out their livelihood, respondent No.2 cannot deny such license solely on the ground that the proposed premises fall within a residential locality.

6. In view of the aforesaid submissions, this Court deems it appropriate to direct the petitioners to first identify a suitable non-residential or designated commercial area, where the subject activity can be lawfully carried on, and then approach respondent No.2 indicating the said location for grant of approval/license, and thereupon, respondent No.2 shall consider the applications of the petitioners and pass appropriate orders, in accordance with law. Nevertheless, under no circumstances, should permission be granted to run such shops within purely residential areas.

7. With the above directions, this Writ Petition is disposed of. No costs.

Miscellaneous petitions, if any are pending, shall stand closed.

_________________________________ SUDDALA CHALAPATHI RAO, J Date: 12.03.2026 Mnv THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION No.32665 of 2014 Date: 12.03.2026 mnv

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top