Telangana High Court
WP/9768/2006 of M/s. Shiva Theatre 70 MM, Vs Government of Andhra Pradesh, on 26 December 2006
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF DECEMBER, TWO THOUSAND AND SIX PRESENT THE HON'BLE MR JUSTICE J.CHELAMESWAR AND THE HON'BLE MR JUSTICE D.APPA RAO WRIT PETITION No.9768 OF 2006 Between: M/s.Shiva theater 70 MM
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
TUESDAY, THE TWENTY SIXTH DAY OF DECEMBER, TWO THOUSAND AND SIX
PRESENT
THE HON'BLE MR JUSTICE J.CHELAMESWARANDTHE HON'BLE MR JUSTICE D.APPA RAO
WRIT PETITION No.9768 OF 2006
Between:
M/s.Shiva theater 70 MMGaddiannaram, Dilsukhnagar, Hyderabad,Rep. by its Managing PartnerDr.T.Srinivasulu, S/o.Satyanarayana,And others.
AND
..... PETITIONERS
Government of Andhra Pradesh,Rep. by its Principal Secretary,Municipal Administration andUrban Development (Ele.II) Dept.Secretariat, Hyderabad, and others.
....RESPONDENTS
THE HON'BLE MR JUSTICEJ.CHELAMESWARANDTHE HON'BLE MR JUSTICED.APPA RAO
WRIT PETITION No.9768 OF 2006
O R D E R(Per Sri Justice J.Chelameswar)
This writ petition is filed with a prayer as follows:
“… Hon’ble Court may be pleased to issue a Writof Mandamus, or any other appropriate writ, orderor direction, declaring the GO Ms.No.207, MA,Dt.22.4.2003 as illegal & arbitrary and also theconsequential demands made by the secondrespondent to the petitioners vide Demand NoticesDt.22.4.2006 as illegal & arbitrary and set aside thesame and pass …”
It is brought to our notice by the learned Government Pleaderthat all the petitioners in this writ petition earlier approached this Courtby way of Writ Petition No.3108 of 2004 challenging the demand ofentertainment tax at a higher rate as applicable to Grade-IMunicipalities. The said challenge was repelled by this Court byjudgment dated 12.10.2006.
In the instant writ petition, the petitioners challenge the legalityof G.O.Ms.No.207, Municipal Administration, dated 22.04.2003 on theground that the power to upgrade the Gaddiannaram Municipality was exercised irrationally and without recording any reasons, which is acondition precedent for exercise of such power as held by this Court ina Judgment reported in SRI LAXMAN TALKIES, YEMMIGANUR V/s.GOVERNMENT OF ANDHRA PRADESH [2003(5) ALD 375 (DB)].
In the circumstances, we are of the opinion that the present writpetition is barred and this Court cannot entertain the same as a matterof public policy on the principle akin to the principle of constructive resjudicata.
In the circumstances, we do not see any reason to entertain thewrit petition and the same is dismissed at the admission stage itself.
-----------------------------------JUSTICE J.CHELAMESWAR
26[th] DECEMBER, 2006PGS
----------------------------JUSTICE D.APPA RAO
THE HON'BLE MR JUSTICEJ.CHELAMESWARANDTHE HON’BLE MR JUSTICED.APPA RAO
WRIT PETITION No.9768 OF 2006(Per Sri Justice J.Chelameswar)
26[th] DECEMBER, 2006