WP/25559/2009 of BHIMA AND BROTHERS JEWELERS Vs The Greater Hyderabad Municipal Corporation on 31 December 2009

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND NINE

:PRESENT:

THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY

WRIT PETITION NO : 25559 of 2009

Between:

BHIMA & BROTHERS JEWELERS, Beside Punjab National Bank, Road No. 1, Housing Board Colony, Kukatpally, Rep.by its Partner, Mr N.Harish S/o Late Natarajan, aged 39 Years R/o Flat No 302,B Block, Fore Front Royal, Indian Airlines Colony, Begumpet, Hyderabad

..... Petitioner

AND

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

Commissioner, Tank Bund Road, Hyderabad

2 The Additional Commissioner, Advertisement, Greater Hyderabad Municipal Corporation, Tank Bund Road, Hyderabad 3 U.S.M Business Systems Private Ltd 1-8-319/2, Patigadda Road, behind 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 the action of therespondents in issuing the notices on 07-10-2009 vide proceedings in Serial Nos. 84539 foradvertisement fee for the Year 2009-2010 under Section 421 R/w section 622 of theMunicipal Corporation Act 1955 treating the name of Board/board frames fixed by thepetitioner on the parapet wall of its business place and consequently demanding the fee forthe same is illegal,arbitrary capricious and violation of the principles of natural justice.

The petition coming on for hearing, upon perusing the petition and the affidavit filed insupport there of and upon hearing the arguments of Sri P.SRIHARI, Advocate for thePetitioner and Smt. Kalpana Ekbote, SC for GHMC for the Respondent Nos. 1 and 2, theCourt made the following: