WP/24270/2009 of The A.P. Mahesh Co-op Urban Bank Limited, Vs The State of Andhra Pradesh, 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 : 24270 of 2009

Between:

The A.P. Mahesh Co-op Urban Bank Limited, Head Office, 5-3-989, III Floor,Sherza Estates, Nizamshahi Road, Hyderabad, Rep. by it's Officer

A. Chandrasekhara Rao,

..... Petitioner

AND

1 The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration & Urban Development Department, Secretariat, Municipal Administration & Urban Development Department, Secretariat, Saifabad, Hyderabad.

2 The Commissioner, Municipal Corporation of Hyderabad, Hyderabad.

3 The Additional Commissioner (T&T), Project Director, (MMTS), Municipal Corporation of Hyderabad, Hyderabad.

4 M/s. USM Business Systems Private Limited, 1-8-319/2, Patigadda Road, Secunderabad - 500 003. Secunderabad - 500 003.

.....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 writ or order or direction more particularly in the nature of Writ of Mandamusdeclaring the action of Respondents in demanding the advertisement fee for thename boards put up at its bank premises which has already been assessed toproperty tax as illegal, arbitrary, capricious and consequently direct theRespondents to refrain from collecting any fee or seeking to demolish or remove thename boards put up at its various branch premises in the twin cities of Hyderabad &Secunderabad; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and upon hearing the arguments of SMT. V. DYUMANI,Advocate for the Petitioner and of the Govt. Pleader for Municipal Administration forthe respondent No.1 and of Sri R. Ramachandra Reddy No.2 S.C. for GHMC for therespondent No.2, the Court made the following:

ORDER: There shall be interim direction to the respondents not to take anycoercive steps for collection of advertisement tax or to remove/demolish thename boards of the petitioner bank at various branches in twin citiesHyderabad and Secunderabad, to be in force, for a period of three (3) weeks.

Post on 30-11-2009.

// TRUE COPY //

ASSISTANT REGISTRAR

for ASSISTANT REGISTRAR

To

1. The Principal Secretary, Municipal Administration & Urban Development Department, State of A.P. Secretariat, Saifabad, Hyderabad.

2 The Commissioner, Municipal Corporation of Hyderabad, Hyderabad.

3 The Additional Commissioner (T&T), Project Director, (MMTS), Municipal Corporation of Hyderabad, Hyderabad. Municipal Corporation of Hyderabad, Hyderabad.

4 M/s. USM Business Systems Private Limited, 1-8-319/2, Patigadda Road, Secunderabad - 500 003. ( 1 to 4 by RPAD)

5. 2 CCs to the G.P. for Municipal Administration, High court of A.P.Hyd.(O.UT)

6. One C.C.to Smt. V. Dyumani Advocate,. (OPUC)

7. one spare copy.

HIGH COURT

LNR.J

DATED 18-11-2009

POST ON 30-11-2009