WP/24759/2009 of Smt.V.Padma Bai, Vs The Greater Hyderabad Municipal Corporation, on 31 December 2009

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND NINE:PRESENT:

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO : 24759 of 2009

Between:

Smt.V.Padma Bai, W/o Veerendra Kumar, Prop: J.C.Jewellerys, R/o.H.No.12-7-272/1/A/, Mettuguda, Secunderabad.

AND

..... Petitioner

1. The Greater Hyderabad Municipal Corporation, Rep by its Special Officer &Commissioner, Tank Bund Road, Hyderabad.Commissioner, Tank Bund Road, Hyderabad.

2. The Additional Commissioner (Advertisement), Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad.

3. U.S.M.Business Systems Private Limited, 1-8-319/2, Patigadda Road, Behind Ford Show Room,SECUNDERABAD.1-8-319/2, Patigadda Road, Behind Ford Show Room,SECUNDERABAD.

.....Respondents

Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toissue a Writ, order or direction more particularly one in the nature of WRIT OFMANDAMUS declaring the action of the respondents in issuing notice dated 21-04-2009 vide proceedings No.245/AD1/Advt/GHMC/2008-09 in serial No 25479 underSection 421 R/w Section 622 of the Municipal Corporation Act 1955 treating thename Board/board frames fixed by me on the parapet wall of its business place andconsequently demanding the fee for the same is illegal, arbitrary, capricious and inviolation of the principles of natural justice; The petition coming on for hearing, upon perusing the petition and theaffidavit filed herein and upon hearing the arguments of SRI B.SIVA PRASAD,Advocate for the Petitioner and of Sri R. Ramachandra Reddy, S.C. for GHMC forthe respondents 1 and 2, the Court made the following:

ORDER: There shall be interim stay, of all further proceedings including theremoval/defacing the name board/board frames of petitioner’s shop pursuantto the notice dated 21-04-2009 vide proceedings No.245/AD1/Advt/GHMC/200809 in serial No. 25479 under Section 421 R/w.Section 622 of the Municipal Corporation Act 1955 issued by the 3[rd]respondent, to be in force, for a period of three (3) weeks.

Post on 30-11-2009.

ASSISTANT REGISTRAR

// TRUE COPY //

for ASSISTANT REGISTRAR

To

1. The Special Officer & Commissioner,Greater Hyderabad MunicipalCorporation, Tank Bund Road, Hyderabad.Corporation, Tank Bund Road, Hyderabad.

2. The Additional Commissioner (Advertisement), Greater HyderabadMunicipal Corporation, Tank Bund Road, Hyderabad.Municipal Corporation, Tank Bund Road, Hyderabad.3. U.S.M.Business Systems Private Limited, 1-8-319/2, Patigadda Road, Behind Ford Show Room,SECUNDERABAD.( 1 to 3 by RPAD)1-8-319/2, Patigadda Road, Behind Ford Show Room,SECUNDERABAD.( 1 to 3 by RPAD)

4. One C.C.to Sri B Siva Prasad, Advocate. (OPUC)

5. one spare copy.

HIGH COURT

LNR.J

DATED 18-11-2009

POST ON 30-11-2009