WP/23522/2009 of Elahe , Plot No.241, Sujap Plaza, 1st floor, Road No.36 Vs The Greater Hyderabad Municipal Corporation, rep.by its 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 : 23522 of 2009

Between:

1. Elahe , Plot No.241, Sujap Plaza, 1st Floor, Road No.36 Jubilee Hills, Hyderabad 2 Elahe, Milestone, Ground Floor, Road No.10, Banjara Hills Hyderabad Both represented by its Proprietor Smt.Smita Shroff W/o.Rahjiv Shroff, Both represented by its Proprietor Smt.Smita Shroff W/o.Rahjiv Shroff, R/o.House No.93, Road No.14, Banjara Hills,Hyderabad

..... Petitioners

AND

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

2. The Additional Commissioner, Advertisement, Greater HyderabadMunicipal Corporation, Tank Bund, HyderabadMunicipal Corporation, Tank Bund, Hyderabad

3. U.S.M.Business System Private Limited, 1-8-319/2, Patigadda Road,Behind Ford Showroom, SecunderabadBehind Ford Showroom, 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 on23.3.2009 vide proceedings No.245/AD!/Advt/GHMC/2008-2009 in serialNos.10609 & on 25.3.2009 vide proceedings No.245/AD1/Advt/GHMC/2008-2009 inserial No.9877 respectively under section 421 R/w section 622 of the MunicipalCorporation Act,1955 treating the name board/board frames fixed by the petitioneron the parapet wall of its business place and consequently demanding the fee forthe same is illegal, arbitrary, capricious and in violation of the principles of naturaljustice; 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 Petitioners 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, Tank Bund Road, HyderabadCorporation, Tank Bund Road, Hyderabad

2. The Additional Commissioner, Advertisement, Greater HyderabadMunicipal Corporation, Tank Bund, HyderabadMunicipal Corporation, Tank Bund, Hyderabad

3. U.S.M.Business System Private Limited, 1-8-319/2, Patigadda Road,Behind Ford Showroom, Secunderabad. ( 1 to 3 by RPAD)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.

LNR.J

DATED 2-11-2009

POST ON 11-11-2009