WP/24553/2009 of Shree Venkata Krisna Hotels Pvt. Ltd., Vs The Greater Hyderabad Municipal Corporation on 31 December 2009

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

THURSDAY THE NINTEENTH DAY OF NOVEMBER

TWO THOUSAND AND NINE

:PRESENT:

THE HON’BLE SRI JUSTICE: L.NARASIMHA REDDY

WRIT PETITION NO. 24553 of 2009

Between:

Shree Venkata Krishna Hotels Private Limited, 6-3-563/31/1, Erramanzil, Hyderabad, rep.by its Purchase Manager, Sri Rajesh Chander Mishra, S/o. Jiyalal Mishra.

..... Petitioner

AND

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

2. The Additional Commissioner (T&T), The Greater Hyderabad MunicipalCorporation, Hyderabad.Corporation, Hyderabad.

3. The Additional Commissioner, Advertisement, The Greater Hyderabad MunicipalCorporation, Hyderabad.Corporation, Hyderabad.

4. U.S.M. Business Systems Private Limited, 1-8-319/2, Patigadda Road, BehindFord Showroom, Secunderabad.Ford Showroom, Secunderabad.

.....Respondents

Petition under Article 226 of the constitution of India praying that in the circumstancesstated in the Affidavit filed herein the High Court may be pleased to issue a Writ, order ordirection more particularly one in the nature of WRIT OF MANDAMUS, declaring theproceedings No. 245/Ad1/Advt/GHMC-2008-2009/474-1 dated. 3-11-2009 of theCommissioner and Special Officer GHMC issued by the Additional Commissioner (T&T)the 2[nd] respondent and demand notices issued by the 4[th] respondent herein demandingadvertisement fee as illegal, arbitrary, capricious and in violation of the principles of naturaljustice.

The Petition coming on for hearing, upon perusing the petition and the affidavit filed herein and order of the High Court dated. 13.11.2009 made herein and upon hearing thearguments of Sri P.Sri Hari, Advocate for the Petitioner and of Smt. Kalpana Ekbote- S.C.for GHMC for the Respondents 1 to 3, the Court made the following