Telangana HC refuses to quash show cause notice to ‘singled out’ chicken shop

Jani Miya argued that the notice was issued improperly and that around 80 other shops in the same locality were operating without any action being taken against them.

Hyderabad: The Telangana High Court declined to interfere with a show cause notice issued by the Khammam Municipal Corporation to the owner of a chicken shop, saying the court cannot be approached to challenge a notice that merely asks for an explanation.

Justice NV Shravan Kumar was hearing a petition filed by one Jani Miya, who runs Madina Chicken Shop at Moti Nagar in Khammam. The municipal corporation had issued a notice in June last year, alleging that he was encroaching on a public road and creating unhygienic conditions in the area. 

Miya approached the court seeking protection from eviction or demolition. His counsel argued that the notice was issued improperly and that around 80 other shops in the same locality were operating without any action being taken against them, suggesting that Miya was being singled out.

The High Court, however, pointed out that the notice only sought his response and that he had every opportunity to put forward his case before the municipal authorities. Challenging a show-cause notice through a writ petition was not the appropriate route. The court gave the petitioner’s counsel one day to take instructions on whether to withdraw the petition.