WP/24546/2009 of Padmaja Lodge AND Restaurant Vs The Greater Hyderabad Municipal Corporation on 31 December 2009

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY, THE NINTEENTH DAY OF NOVEMBER TWO THOUSAND AND NINE

:PRESENT:

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO : 24546 of 2009

Between:

Padmaja Lodge & Restaurant 9-4-47, Opp. Railway Station, Rep. by its Partner, Sri N. Krishna Murthy, S/o. N.K. Venkat Rao, R/o. 27, Gunrock Enclave, Kharkhana, Secunderabad.

..... Petitioner

AND

1 The Greater Hyderabad Municipal Corporation, Rep. by its Special Officer &

Commissioner, Tankbund Road, Hyderabad.

2 The Additional Commissioner (T&T), The Greater Hyderabad Municipal Corporation, Hyderabad.

3 The Additional Commissioner, Advertisement, The Greater Hyderabad Municipal Corporation, Hyderabad.

4 U.S.M. Business Systems Private Limited 1-8-319/2, Patigadda Road, Behind Ford Showroom, Secunderabad.

.....Respondents

Petition under Article 226 of the constitution of India praying that in the circumstancesstated in the Affidavit filed herein the High Court may be pleased to issue a Writ, order ordirection more particularly one in the nature of WRIT OF MANDAMUS, declaring theproceedings No. 245/Ad1/Advt./GHMC-2008-2009/474-2 dated 3-11-2009 of theCommissioner and Special Officer GHMC issued by the Additional Commissioner (T&T)the 2nd respondent and demand notices issued by the 4th respondent herein demandingadvertisement fee as illegal, arbitrary, capricious and in violation of the principles of naturaljustice.

The petition coming on for hearing, upon perusing the petition and the affidavit filed insupport there of and the High Court order dated 13/11/2009 made herein and upon hearingthe arguments of Sri P.SRIHARI, Advocate for the Petitioner and Sri R.RamachandraReddy, SC for GHMC, for the Respondent Nos. 1 to 3, the Court made the following: