WP/26370/2009 of P. Srinivas S/o Late Subba Rao Vs The Greater Hyderabad Municipal Corporation, on 31 December 2009

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND NINE:PRESENT:

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO : 26370 of 2009

Between:

P. Srinivas S/o Late Subba Rao, Proprietor, Kanaka Durga Fassions, SarojaComplex, Bhagyanagar Colony, Lakshmi Vilas Bank Building, Opp: KPHB, Hyderabad-72.

..... Petitioner

AND

1. The Greater Hyderabad Municipal Corporation, rep by its Chief Commissioner, Tank Bund Road, Hyderabad.

2 USM Business Systems Pvt., Ltd., 1-3-319/2, Patigadda Road, Behind Ford Showroom, Begumpet, 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 a Writ, order or direction more in the nature of Mandamus declaring the actionof the respondents in issuing the Demand Notice No. 1675, dated 5-10-2009demanding to pay advertisement fee by treating the name display board "MegaFassions" Fixed on the front side of the business premises of the petitioner at SarojaComplex, Bhagyanagar Colony, Hyderabad-72, as advertisement as illegal,arbitrary, without jurisdiction, opposed to principles of natural justice and violative ofArt.14, 19 and 21 of the Constitution of India and consequentially to direct therespondents to refrain from in any way demanding for payment of advertisement fee; .

The petition coming on for hearing, upon perusing the petition and theaffidavit filed herein and upon hearing the arguments of SRI M. SUDHEER KUMAR,Advocate for the Petitioner and of Smt. Kalpana Ekbote, S.C. for GHMC for therespondent, the Court made the following:

ORDER: There shall be interim suspension, to be in force, for a period of three(3) weeks.

ASSISTANT REGISTRAR

// TRUE COPY //

for ASSISTANT REGISTRAR

To

1. The Chief Commissioner, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad.

2 USM Business Systems Pvt., Ltd., 1-3-319/2, Patigadda Road, Behind Ford Showroom, Begumpet, Secunderabad-500 003. ( 1 and 2 by RPAD)

3.One C.C.to Sri M.Sudheer Kumar Advocate. (OPUC)

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

5. one spare copy.

HIGH COURT

LNR.J

DATED 4-12-2009