IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25143 of 2008 Between: M/s. Vodafone Essar South Limited Rep. by its Senior Manager (Legal) 6th Floor, Varun Towers II, Begumpet, Hyderabad - 500 016. ..... PETITIONER AND 1 Vijayawada Municipal Corporation Rep. by its Commissioner Vijayawada, Krishna District. 2 M/s. Supra Ads. Rep. by its Proprietor D.No.27-20-30/A, Museum Road, Governor Pet, Vijayawada-2, Krishna District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus the action of the respondents in threatening to take coercive steps for removal of the boards erected by the petitioner company at its business place, shops etc. without giving opportunity whatsoever and action of the 1st Respondent in authorising the 2nd respondent to exercise the statutory power as arbitrary, illegal and ultra virus to the provisions of the Hyderabad Municipal Corporation Act, 1955 and in violation of the well settled principles of natural justice. Counsel for the Petitioner:MR.RAMA RAO GHANTA Counsel for the Respondent No.: SMT.G.JHANSI The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the 2nd respondent in issuing a letter dated 15.09.2008 to the petitioner- company demanding it to pay Advertisement Tax, without giving an opportunity to put forth its case, and threatening to take coercive steps for removal of the boards erected by the petitioner at its shops, etc. and the action of the 1st respondent in authorizing the 2nd respondent to exercise the statutory power, as arbitrary and illegal and in violation of principles of natural justice. When this matter is taken up for hearing the learned counsel for the petitioner and the learned Standing Counsel for Vijayawada Municipal Corporation appearing for the 1st respondent submitted that this writ petition is squarely covered by the judgment dated 6.3.2007 delivered by a Division Bench of this Court in W.P.No.4172 of 2003 and batch and another judgment in Kasturi Brothers, Dress Materials and Saree Shop, Hyd. V. M.C.H.[1] and agreed to the disposal of this writ petition by and in terms thereof. Hence, this writ petition is allowed and the Impugned letter dated 15.09.2008 issued by the 2nd respondent is set aside and the respondents are hereby directed to afford an opportunity to the petitioner to file a representation/objection, and on such representation/objection that may be filed by the petitioner, the respondents shall consider it and pass appropriate orders thereon in accordance with law. This entire exercise shall be done within a period of four weeks from the date of receipt of a copy of this order. No costs. ______________ N.V.RAMANA, J 26th February, 2009 bcj [1] 2007(1) ALD 481