WP/24952/2009 of M/s. Virgin Mobile India Pvt. Ltd., Vs The Municipal Corporation, Rajahmundry, 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 : 24952 of 2009

Between:

1. M/s. Virgin Mobile India Pvt. Ltd., A Company Incorporated Under the Companies Act, 1956 having its Registered Office at New Delhi and A.P.

Circle Office situated at 2nd Floor, ANR Centre, Road No.1, Banjara Hills, Hyderabad - 500034. Rep. by its Mr.G.Srinivasu S/o. Sree Banjara Hills, Hyderabad - 500034. Rep. by its Mr.G.Srinivasu S/o. Sree

G. Sree Rama Murthy

2 Mr.G.Srinivasa Rao S/o.Sri Rama Murthy, Asst. Manager (Finance) M/s. Virgin Mobile India Ltd. 2nd Floor, ANR Centre, Road No.1, Banjara M/s. Virgin Mobile India Ltd. 2nd Floor, ANR Centre, Road No.1, Banjara Hills, Hyderabad 500034.

..... Petitioners

AND

1. The Municipal Corporation, Rajahmundry, Rep. by its Commissioner, Rajahmundry, West Godavari District.

2 M/s. USM Business Systems Pvt. Ltd., D.No. 80-16-5/1, Srinivasa Nagar, A.V.A. Road, Rajahmundry, East Godavari A.V.A. Road, Rajahmundry, East Godavari

.....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 an appropriate Writ or direction particularly one in the nature of Writ ofMandamus, declaring the action of the 2nd respondent herein is issuing the demandnotice No. 0224. dated 27-10-2009 on behalf of the 1st respondent corporation,demanding the petitioner to pay an amount of Rs. 49,400/- towards allegedadvertisement fee as arbitrary, illegal and ultra virus to the provisions of the A.P.,Municipalities Act and consequently direct the respondents not to take any coercivesteps for removal of the boards erected by the petitioners company without giving anopportunity and any other action may take by 1st respondent authorizing the 2ndrespondent to exercise the statutory power as arbitrary, illegal and ultra virus to theprovisions of the A.P. Municipality Act, and in violation of the well settled principle ofnatural justice; The petition coming on for hearing, upon perusing the petition and theaffidavit filed herein and upon hearing the arguments of SRI P.V.HARAGOPAL,Advocate for the Petitioners and of Sri A. Vishnuvardhan Reddy Advocate for therespondent No.1, and of Sri Y. Madhusudan Advocate for the respondent No.2, theCourt made the following:

ORDER: Post on 30-11-2009 in the Motion List.

There shall be interim stay.

ASSISTANT REGISTRAR

// TRUE COPY //

for ASSISTANT REGISTRAR

To

1. The Commissioner, Municipal Corporation, Rajahmundry, Rajahmundry, West Godavari District.

2 M/s. USM Business Systems Pvt. Ltd., D.No. 80-16-5/1, Srinivasa Nagar, A.V.A. Road, Rajahmundry, East Godavari( 1 & 2 by RPAD)

3.One C.C.to Sri P.V.Haragopal Advocate. (OPUC)

4.One C.C.to Sri Y.Madhusudan Advocate. (OPUC)

5.one spare copy.

HIGH COURT

LNR.J

DATED 18-11-2009

POST ON 30-11-2009 IN THE MOTION LIST.