WP/23493/2009 of Satyapal, Vs The Greater Hyderabad Municipal Corporation, on 31 December 2009

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

MONDAY, THE SECOND DAY OF NOVEMBER TWO THOUSAND AND NINE:PRESENT:

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO : 23493 of 2009

Between:

Satyapal, at Milestone, 2nd Floor, Road No.10, Banjarahills,Rep. by its Partner, Rejiv Shroff, S/o.Shree Vant Shroff, R/o.House No.93, Road No.14, Banjarahills, Hyderabad.

..... Petitioner

AND

1. The Greater Hyderabad Municipal Corporation, rep., By its Special Officer& Commissioner, Tankbund Road, Hyderabad.& Commissioner, Tankbund Road, Hyderabad.

2. The Additional Commissioner, Advertisement, Greater HyderabadMunicipal Corporation, Tankbund Road, Hyderabad.Municipal Corporation, Tankbund Road, Hyderabad.

3. U.S.M.Business Systems Private Limited, R/o.1-8-31/2, Patigadda Road, behind Ford showroom,Secunderabad.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 the notices on 25-03-2009 vide proceedings No.245/AD1/Advt/GHMC/2008-2009 in serial No.9878under Section 421 R/w section 622 of the Municipal Corporation Act, 1955 treatingthe name Board/board frames fixed by the Petitioner on the parapet wall of itsbusiness place and consequently demanding the fee for the same is illegal,arbitrary, capricious and in violation 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 SESHADRI GOALLA,Advocate for the Petitioner and of Smt. Kalpana Ekbote, S.C. for GHMC for therespondents 1 and 2, the Court made the following:

ORDER: Post on 11-11-2009.

In the meanwhile, the respondents shall not levy any fee against the petitionerin respect of any hoard or advertisement, if it is erected in the same placewhere the petitioner is undertaking any activity.

ASSISTANT REGISTRAR

// TRUE COPY //

for ASSISTANT REGISTRAR

To

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

2. The Additional Commissioner, Advertisement, Greater HyderabadMunicipal Corporation, Tankbund Road, Hyderabad.Municipal Corporation, Tankbund Road, Hyderabad.

3. U.S.M.Business Systems Private Limited, R/o.1-8-31/2, Patigadda Road, behind Ford showroom,Secunderabad.( 1 to 3 by RPAD)R/o.1-8-31/2, Patigadda Road, behind Ford showroom,Secunderabad.( 1 to 3 by RPAD)

4. One C.C.to Sri Seshadri Goalla Advocate. (OPUC)

5. One C.C.to Smt. Kalpana Ekbote Advocate. (OPUC)

6. one spare copy.

HIGH COURT

LNR.J

DATED 2-11-2009

POST ON 11-11-2009