THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.16463 of 2009 DATED: 12.08.2009 Between: Hotel Akshaya and another .. Petitioners And Greater Hyderabad Municipal Corporation, rep. by its Chief Commissioner, Tank Bund, Hyderabad and others. .. Respondents ORDER: This writ petition is filed seeking a writ of Mandamus declaring the action of the respondents in treating the name boards fixed on the parapet wall of the business premises of the petitioners as an advertisement and issuing notices dated 02.04.2009 to the petitioners demanding to pay advertisement fee, as illegal, arbitrary and against Section 421 of the Hyderabad Municipal Corporation Act, 1955. Today, when the matter is taken up for hearing, it is brought to the notice of this Court by the learned counsel for the petitioners as well as the learned Standing Counsel appearing for the respondent Corporation that, in identical circumstances, W.P.No.5825 of 2006 and batch was disposed of by this Court, on 28.09.2006, holding as under: “……to attract the provisions of Section 421 of the Hyderabad Municipal Corporation Act, 1955, the Corporation must satisfy itself first that the provisions are attracted and hence the fee can be levied. This exercise has to be made in individual cases…..” It is also brought to the notice of this Court that following the aforesaid order, several similar writ petitions were disposed of with a direction to the Corporation to consider the cases of the petitioners therein individually and pass appropriate orders in accordance with law. Since the petitioners herein are also similarly situated, following the above said orders, the impugned demand notices dated 02.04.2009 are set aside and the writ petition is disposed of, at the stage of admission, granting liberty to the petitioners to make a representation to the respondents within a period of four weeks from the date of receipt of a copy of this order. If any such representation is made, the Corporation shall consider the same and pass appropriate orders in accordance with law. No order as to costs. __________________ JUSTICE N.V. RAMANA 12th August, 2009 IBL