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Heartcup Coffee Avasi Hotels, rep. by its Director & Authorized Signatory M. Pavan Kumar v/s State of Telangana rep. by Principal Secretary, Municipal Administration & Urban Development Department & Another


Company & Directors' Information:- KUMAR URBAN DEVELOPMENT PRIVATE LIMITED [Active] CIN = U70101PN1993PTC072139

Company & Directors' Information:- A B HOTELS LIMITED [Active] CIN = U55101DL1990PLC038876

Company & Directors' Information:- G B J HOTELS PRIVATE LIMITED [Active] CIN = U55101TZ2008PTC014695

Company & Directors' Information:- J HOTELS PRIVATE LIMITED [Active] CIN = U55101TN1998PTC040526

Company & Directors' Information:- G S R HOTELS LIMITED [Active] CIN = U22101CH1997PLC020169

Company & Directors' Information:- G S R HOTELS LIMITED [Active] CIN = U22101DL1997PLC313706

Company & Directors' Information:- C & R HOTELS PRIVATE LIMITED [Active] CIN = U55101KL2009PTC024993

Company & Directors' Information:- THE G L HOTELS LTD [Strike Off] CIN = U55101DL1959PLC003110

Company & Directors' Information:- A M N HOTELS PRIVATE LIMITED [Converted to LLP] CIN = U55100TG2002PTC038335

Company & Directors' Information:- J S K HOTELS PRIVATE LIMITED [Active] CIN = U55101RJ1982PTC002554

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400MH2011PTC300616

Company & Directors' Information:- URBAN DEVELOPMENT CORPORATION PRIVATE LIMITED [Active] CIN = U45400WB2011PTC166069

Company & Directors' Information:- U P HOTELS LIMITED [Active] CIN = L55101DL1961PLC017307

Company & Directors' Information:- V HOTELS LIMITED [Active] CIN = U55204MH2000PLC128527

Company & Directors' Information:- G K HOTELS LTD [Active] CIN = U55101CH1995PLC016071

Company & Directors' Information:- J L HOTELS PRIVATE LIMITED [Active] CIN = U55101TN2013PTC093769

Company & Directors' Information:- M HOTELS PRIVATE LIMITED [Active] CIN = U55100MH2005PTC157642

Company & Directors' Information:- H R B HOTELS PRIVATE LIMITED [Active] CIN = U55101KA1984PTC047416

Company & Directors' Information:- KUMAR HOTELS LTD [Active] CIN = U99999MH1985PLC037605

Company & Directors' Information:- G J HOTELS PVT LTD [Active] CIN = U55101CH1985PTC006087

Company & Directors' Information:- B G R HOTELS PVT LTD [Active] CIN = U55101KL1992PTC006396

Company & Directors' Information:- C. R. HOTELS INDIA PRIVATE LIMITED [Active] CIN = U55101TZ2011PTC017206

Company & Directors' Information:- K T C HOTELS LTD [Active] CIN = U55101KL1984PLC004105

Company & Directors' Information:- H W HOTELS PRIVATE LIMITED [Active] CIN = U74900UR2010PTC033136

Company & Directors' Information:- J R HOTELS PRIVATE LIMITED [Active] CIN = U55101MH1976PTC019340

Company & Directors' Information:- C S R HOTELS PRIVATE LIMITED [Active] CIN = U55101AP2006PTC049039

Company & Directors' Information:- A A HOTELS PRIVATE LIMITED [Active] CIN = U51109WB2007PTC119244

Company & Directors' Information:- J V D HOTELS PVT LTD [Active] CIN = U55101CH1995PTC015801

Company & Directors' Information:- M I S HOTELS PRIVATE LIMITED [Active] CIN = U55101UR2014PTC001087

Company & Directors' Information:- M B M HOTELS PRIVATE LIMITED [Strike Off] CIN = U55101KA1989PTC010170

Company & Directors' Information:- N KUMAR HOTELS (I) PRIVATE LIMITED [Strike Off] CIN = U74120MH2011PTC221376

Company & Directors' Information:- B N HOTELS PRIVATE LIMITED [Active] CIN = U55101JH1988PTC003185

Company & Directors' Information:- R S M HOTELS PRIVATE LIMITED [Active] CIN = U55101TN2011PTC080380

Company & Directors' Information:- V K K HOTELS PRIVATE LIMITED [Active] CIN = U55101TN1990PTC018875

Company & Directors' Information:- M S V HOTELS PRIVATE LIMITED [Active] CIN = U55101TZ1998PTC008477

Company & Directors' Information:- F & S HOTELS PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109212

Company & Directors' Information:- A AND A HOTELS PRIVATE LIMITED [Active] CIN = U55101MH2006PTC163476

Company & Directors' Information:- K T B HOTELS PRIVATE LIMITED [Active] CIN = U55101DL2005PTC132607

Company & Directors' Information:- M. A. R. K. HOTELS LIMITED [Dissolved] CIN = U74899DL1989PLC038453

Company & Directors' Information:- S G B HOTELS PVT LTD [Active] CIN = U70101WB1996PTC080003

Company & Directors' Information:- M A HOTELS PRIVATE LIMITED [Active] CIN = U55101DL2005PTC137818

Company & Directors' Information:- D S S HOTELS PRIVATE LIMITED [Active] CIN = U55101DL2004PTC124507

Company & Directors' Information:- S A HOTELS PRIVATE LIMITED [Strike Off] CIN = U55101UP1990PTC011570

Company & Directors' Information:- E M S HOTELS PRIVATE LIMITED [Active] CIN = U55101TZ1997PTC007740

Company & Directors' Information:- A V HOTELS PVT LTD [Active] CIN = U70101WB1981PTC033457

Company & Directors' Information:- L P HOTELS PRIVATE LIMITED [Under Process of Striking Off] CIN = U55101UR2009PTC032922

Company & Directors' Information:- V AND M HOTELS PRIVATE LIMITED [Strike Off] CIN = U55100MH1978PTC020539

Company & Directors' Information:- A K HOTELS PRIVATE LIMITED [Active] CIN = U55101CH1988PTC008259

Company & Directors' Information:- M P HOTELS PVT LTD [Active] CIN = U55101MP1982PTC002065

Company & Directors' Information:- T K HOTELS PRIVATE LIMITED [Active] CIN = U55101MH1982PTC028567

Company & Directors' Information:- M AND H HOTELS PRIVATE LIMITED [Strike Off] CIN = U51101PB1997PTC019622

Company & Directors' Information:- C K S HOTELS PRIVATE LIMITED [Active] CIN = U55100JK1998PTC001920

Company & Directors' Information:- K J HOTELS INDIA PRIVATE LIMITED [Strike Off] CIN = U55101PB2000PTC023251

Company & Directors' Information:- B V P K HOTELS PRIVATE LIMITED [Active] CIN = U55101JK2001PTC002164

Company & Directors' Information:- C S HOTELS PRIVATE LIMITED [Active] CIN = U55101GJ1974PTC002534

Company & Directors' Information:- K K HOTELS PVT LTD [Active] CIN = U55101HP1989PTC009715

Company & Directors' Information:- K B HOTELS PVT LTD [Active] CIN = U55101CH1991PTC011173

Company & Directors' Information:- J J HOTELS PVT LTD [Active] CIN = U55101TG1990PTC010903

Company & Directors' Information:- R B HOTELS PRIVATE LIMITED [Active] CIN = U55101GJ1995PTC028058

Company & Directors' Information:- H S HOTELS PVT LTD. [Active] CIN = U55101WB1989PTC046968

Company & Directors' Information:- A G HOTELS PVT LTD [Strike Off] CIN = U55101WB1984PTC038328

Company & Directors' Information:- P N HOTELS PRIVATE LIMITED [Strike Off] CIN = U85110UR1995PTC018733

Company & Directors' Information:- G. C. HOTELS PRIVATE LIMITED [Active] CIN = U55101UP1993PTC015240

Company & Directors' Information:- I A. HOTELS LIMITED [Active] CIN = U55101MH1999PLC122295

Company & Directors' Information:- S R P HOTELS PRIVATE LIMITED [Active] CIN = U55101WB2007PTC118358

Company & Directors' Information:- V R HOTELS PRIVATE LIMITED [Active] CIN = U55101DL2004PTC130182

Company & Directors' Information:- L G HOTELS PRIVATE LIMITED [Active] CIN = U55101CH1996PTC018082

Company & Directors' Information:- D. V. HOTELS PRIVATE LIMITED [Active] CIN = U55101UP1995PTC018908

Company & Directors' Information:- S S HOTELS PVT LTD [Strike Off] CIN = U55109MP1984PTC002350

Company & Directors' Information:- J M D HOTELS PRIVATE LIMITED [Active] CIN = U55101DL1999PTC102716

Company & Directors' Information:- D AND P HOTELS PRIVATE LIMITED [Active] CIN = U55101MH2005PTC154144

Company & Directors' Information:- C M HOTELS PRIVATE LIMITED [Strike Off] CIN = U55101WB1997PTC084897

Company & Directors' Information:- K S HOTELS PRIVATE LIMITED [Active] CIN = U74899DL1991PTC043380

Company & Directors' Information:- K V HOTELS PRIVATE LIMITED [Active] CIN = U55101TZ1989PTC029164

Company & Directors' Information:- M HOTELS PRIVATE LIMITED [Active] CIN = U55101TG2010PTC067252

Company & Directors' Information:- B & B HOTELS PRIVATE LIMITED [Under Process of Striking Off] CIN = U55101WB2009PTC140368

Company & Directors' Information:- R C HOTELS PVT LTD [Active] CIN = U55101DL2001PTC110410

Company & Directors' Information:- S K HOTELS PRIVATE LIMITED [Active] CIN = U55101DL2009PTC193917

Company & Directors' Information:- K V HOTELS PRIVATE LIMITED [Active] CIN = U55101KA1989PTC010201

Company & Directors' Information:- M P HOTELS PVT LTD [Not available for efiling] CIN = U55101PB1981PTC004587

Company & Directors' Information:- H K HOTELS PVT LTD [Strike Off] CIN = U55101DL1999PTC101191

Company & Directors' Information:- R R HOTELS PRIVATE LIMITED [Strike Off] CIN = U55200MH1972PTC015900

Company & Directors' Information:- P AND P HOTELS PVT LTD [Strike Off] CIN = U00069GA1978PTC000351

Company & Directors' Information:- T F G HOTELS PVT. LTD. [Strike Off] CIN = U74140DL1987PTC027354

Company & Directors' Information:- R K HOTELS PRIVATE LIMITED [Strike Off] CIN = U55101RJ1969PTC001281

Company & Directors' Information:- B J HOTELS PRIVATE LIMITED [Active] CIN = U55100MH1971PTC015355

Company & Directors' Information:- M & D HOTELS PRIVATE LIMITED [Strike Off] CIN = U55101TG2013PTC085223

Company & Directors' Information:- S M A HOTELS PRIVATE LIMITED [Active] CIN = U99999TG1997PTC026451

Company & Directors' Information:- U P HOTELS INDIA LIMITED [Active] CIN = U55101DL2002PLC113750

Company & Directors' Information:- PRINCIPAL HOTELS PRIVATE LIMITED [Strike Off] CIN = U55101MP2013PTC030466

Company & Directors' Information:- O P J HOTELS PRIVATE LIMITED [Active] CIN = U55101WB2009PTC134809

Company & Directors' Information:- J A HOTELS INDIA PRIVATE LIMITED [Active] CIN = U55101DL2009PTC193240

Company & Directors' Information:- P K HOTELS PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC023280

Company & Directors' Information:- L M B HOTELS PVT LTD [Active] CIN = U55101RJ1982PTC002615

Company & Directors' Information:- A U K HOTELS PRIVATE LIMITED [Active] CIN = U55101MH2002PTC134937

Company & Directors' Information:- J S HOTELS PRIVATE LIMITED [Active] CIN = U55101MH2003PTC141344

Company & Directors' Information:- J P HOTELS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U55101PN1982PTC018193

Company & Directors' Information:- R K URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U45400MH2011PTC223591

Company & Directors' Information:- B & T HOTELS PRIVATE LIMITED [Strike Off] CIN = U55101WB2004PTC098132

Company & Directors' Information:- H B HOTELS PVT LTD [Strike Off] CIN = U55101PB1991PTC011410

Company & Directors' Information:- A R HOTELS PVT LTD [Strike Off] CIN = U55101PB1994PTC014216

Company & Directors' Information:- J G M HOTELS PRIVATE LIMITED [Strike Off] CIN = U55101DL1987PTC027176

Company & Directors' Information:- S L HOTELS PRIVATE LIMITED [Strike Off] CIN = U55200MH1975PTC018532

Company & Directors' Information:- A-I HOTELS PVT LTD [Strike Off] CIN = U55200MH1981PTC025530

Company & Directors' Information:- J P HOTELS PVT LTD [Strike Off] CIN = U55200MH1982PTC028176

Company & Directors' Information:- R S T HOTELS PRIVATE LIMITED [Active] CIN = U55101DL2002PTC114181

Company & Directors' Information:- B S HOTELS PRIVATE LIMITED [Strike Off] CIN = U55101DL2003PTC121996

Company & Directors' Information:- G K A HOTELS PRIVATE LIMITED [Active] CIN = U55100MH2005PTC151730

Company & Directors' Information:- P & B COFFEE PRIVATE LIMITED [Strike Off] CIN = U55101PN2011PTC140823

Company & Directors' Information:- J K HOTELS PRIVATE LIMITED [Active] CIN = U55101TN2010PTC077608

Company & Directors' Information:- H D C HOTELS PRIVATE LIMITED [Active] CIN = U45202PB2006PTC030081

Company & Directors' Information:- A. B. URBAN DEVELOPMENT PRIVATE LIMITED [Strike Off] CIN = U70100MH2015PTC267677

Company & Directors' Information:- U & I HOTELS PRIVATE LIMITED [Active] CIN = U74999MH2015PTC266678

Company & Directors' Information:- M N HOTELS PRIVATE LIMITED [Converted to LLP] CIN = U55101TG2006PTC050625

Company & Directors' Information:- HEARTCUP COFFEE PRIVATE LIMITED [Active] CIN = U15549TG2008PTC061187

Company & Directors' Information:- PAVAN & CO PRIVATE LIMITED [Strike Off] CIN = U74991TN1943PTC002118

Company & Directors' Information:- K J M HOTELS PRIVATE LIMITED. [Strike Off] CIN = U55101CH2008PTC031364

Company & Directors' Information:- K H HOTELS PRIVATE LIMITED [Strike Off] CIN = U55101CH2010PTC032013

Company & Directors' Information:- G. I. HOTELS PRIVATE LIMITED [Active] CIN = U70101CH2001PTC024502

Company & Directors' Information:- M R HOTELS PRIVATE LIMITED [Active] CIN = U55101DL2006PTC154088

Company & Directors' Information:- L. R. HOTELS PRIVATE LIMITED [Strike Off] CIN = U55101DL2006PTC152879

Company & Directors' Information:- J N R HOTELS PRIVATE LIMITED [Active] CIN = U55101DL2012PTC230480

Company & Directors' Information:- M R B HOTELS PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC143335

Company & Directors' Information:- A.T. HOTELS PRIVATE LIMITED [Strike Off] CIN = U55101GJ2008PTC052847

Company & Directors' Information:- B. M. HOTELS PRIVATE LIMITED [Active] CIN = U55101GJ2010PTC059327

Company & Directors' Information:- Y AND H HOTELS LIMITED [Under Process of Striking Off] CIN = U55101GJ1996PLC028604

Company & Directors' Information:- A K HOTELS PRIVATE LTD. [Strike Off] CIN = U55101DL1986PTC026543

Company & Directors' Information:- V P C HOTELS PRIVATE LIMITED [Strike Off] CIN = U55200MH1981PTC023911

Company & Directors' Information:- S. KUMAR HOTELS PVT LTD [Under Process of Striking Off] CIN = U99999MH1985PLC037101

Company & Directors' Information:- S. KUMAR HOTELS PVT LTD [Strike Off] CIN = U99999MH1985PTC037101

Company & Directors' Information:- C AND S HOTELS PRIVATE LIMITED [Strike Off] CIN = U55101DL2006PTC149702

Company & Directors' Information:- J. M. HOTELS PRIVATE LIMITED [Strike Off] CIN = U55101DL2007PTC165076

Company & Directors' Information:- THE INDIA COFFEE COMPANY LIMITED [Dissolved] CIN = U99999MH1937PTC002681

    Writ Petition No. 9372 of 2019

    Decided On, 26 April 2019

    At, High Court of for the State of Telangana

    By, THE HONOURABLE MR. JUSTICE CHALLA KODANDA RAM

    For the Petitioner: P. Sri Ram, Advocate. For the Respondents: G.P. for Municipal Admn. Urban Dev. (TG).



Judgment Text

In this Writ Petition, challenge is to the notice dated 24.04.2019 issued by the 2nd respondent Corporation directing the petitioner to close the commercial activity being undertaken in the premises bearing Plot No. 1179, Road No. 45, Jubilee Hills, Hyderabad within twenty-four hours from the receipt of the said notice, failing which, the petitioner was warned with necessary action as per the provisions of Section 461-A / 622(A) / 636 of the Greater Hyderabad Municipal Corporation Act, 1955 (for short, ‘the Act’).

The case of the petitioner is that it entered into lease with the owner of the subject premises in 2014 and since then, has been running coffee shop in the name and style ‘Heart Cup Coffee’, duly obtaining trade license and paying property tax (commercial). While so, the respondent Corporation issued the notice dated 12.03.2019 stating that the commercial activity being undertaken in the subject premises is causing inconvenience to the residents of the vicinity, traffic congestion and also endangering the public life and health and hence, directed to furnish documents i) trade license (permanent and valid), (ii) food license (permanent and valid); (iii) building occupancy certificate along with the approved sanctioned plan; (iv) parking plan clearly mentioning place, capacity and distance from the location; and (v) NOC. It is stated, the petitioner had submitted the explanation, attaching thereto the documents sought by the Corporation to be produced and explaining the status of FIRE NOC applied for and the revised additional parking plans that were being put in place in the light of the heavy road works being undertaken on Road No. 45. However, a further notice dated 18.04.2019 was issued to the petitioner, without adverting to the reply already submitted to the notice dated 12.03.2019, stating that the documents were not submitted within the time stipulated and hence, it was construed that the petitioner did not have valid legal permission to run the commercial activities and directed its closure within 24 hours. To the said notice, once again, a representation was submitted citing the letter dated 18.03.2019, which was also acknowledged by the 2nd respondent, claims the petitioner. However, to its surprise, the impugned notice dated 24.04.2019 was served on the petitioner, though referring the replies of the petitioner, with an additional finding that out of all the documents submitted by it, only Food license is found to be valid and that it had failed to submit i) trade license; ii) building occupancy certificate along with sanctioned approved plan; iii) parking plan clearly mentioning the place, capacity and distance from the location and iv) fire NOC. The petitioner addressed the letter on 25.04.2019 submitting permanent trade license for 2019-20, building approved sanctioned plan. However, the premises was sealed. Hence, the Writ Petition.

Learned counsel for the petitioner submits that the notice is a non-speaking order and it does not contain any reasons. According to him, his client has continuously been renewing the trade license with the very same 2nd respondent, who has not objected for the same at least once on the said ground. Further, the property was also assessed to tax commercially by the 2nd respondent itself, contends the learned counsel. Though the petitioner submitted the necessary documents and submitted that FIRE NOC is under consideration, the 2nd respondent, without looking into the explanation submitted by it, recorded that the same is not at all an explanation and hence, its request is found unsatisfactory and cannot be considered, ridicules the learned counsel.

Heard learned Standing Counsel for the respondent Corporation Sri L. Venkateshwar Rao.

In this case, the notice is challenged on the ground that the same is a non-speaking order and without any reasons. Obviously, the notice is vague and not specific. It is only when the violations are specified in clear terms, the same can be responded to by the noticee. In the case on hand, what all the respondent Corporation sought is only certain documents to be produced before them which has been complied with. On perusing the said documents, the respondent Corporation ought to have issued a specific notice alleging violations, if any so as to enable the petitioner to respond. Having not done so, the Corporation issued the impugned notice directing the petitioner to close down the establishment stating that their request is found unsatisfactory, and it cannot be considered. The said act is, undoubtedly, unmeaningful. In those circumstances, the impugned notice is set aside leaving it open to the respondent a

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uthorities to take appropriate steps in accordance with law. The learned counsel for the petitioner submits that the subject premises has been locked and hence, requests to undo the same. Needless to say, as the impugned notice itself is set aside, the respondent authorities are duty-bound to hand over the keys and remove the seal put to the premises, forthwith. The Writ Petition with this order, stands allowed. No costs. Consequently, the miscellaneous Applications, if any stand closed.
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