IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 8884 of 2008 Between: 1 M/s. Shanbhagh Restaurant H. No. 7-4-168, Balanagar Village, rep by its Proprietor Mr. Naesh B. Shanbhag S/o Bhasker Shanbhag Business aged about 47 years R/o Flat No. 201, B.S. Residenty Vinayaka nagar, Balanagar, Hyderabad. 2 M/s. Delhi Darbar Restaurant H.No. 4-75/1, Ferozguda, Balanagar Village, rep byits Proprietor, Smt. Tejindar Kaur Rekhi W/o Sukhbir Singh Rekhi Occ: Business, aged about 59 years, R/o Plot No. 39, road No. 7, TMC. Mahendra Hills, East marredpally, Secunderabad. 3 M/s. New Hotel Sudha, H. No. 3-52, Sobhana Complex, Balanagar Village, rep by its Partner Sri. N.K. Ram Murthy Bhatt S/o Seetharam Krishna Bhatt, Occ: Business aged about 52 years R/o Flat NO. 28, Tirumala Homes Apartments, Sneha Colony, Old Bownpally, Hyderabad. ..... PETITIONER(S) AND 1 Greater Hyderabad Municipal Corporation, rep byuits Chief Commissioner, Tank Bund, Hyderabad. 2 The Addl. Commissioner, Advertisement Section, GHMC, Tank Bund, Hyderabad 3 N. Navodaya India Enterprises Pvt. Ltd., 1st Floor, Srinivas complex, Kukatpally, Hyderabad-72. .....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 issue an appropriate Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in treating the name Board fixed on the parapet wall of the business premises of Petitioners as Advertisement and issuing demand notice No. 2166 dated Nil, Notice No. 1958 dated 25-3-2008 and Notice 2136 dated 4-4-2008 demanding to pay advertisement fee s illegal, arbitrary and against the section 421 of HMC Act and without Jurisdiction and to pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.SREENIVASA RAO VELIVELA Counsel for the Respondent No.: MR.R.RAMACHANDRA REDDY The Court made the following : O R D E R: This writ petition has been filed by the petitioners who are three in number with a prayer to issue a writ of mandamus declaring the action of the respondents in treating the name Board fixed on the parapet wall of the business premises of the petitioners as advertisement and issuing demand notice No.2166, dated nil, notice No.1958 dated 25.3.2008 and notice nO.2136, dated 4.4.2008 as illegal, arbitrary and against Section 421 of H.M.C.Act. Heard learned counsel appearing for the petitioners and learned Standing Counsel appearing for the Greater Hyderabad Municipal Corporation. The issue involved in this writ petition is squarely covered by a Division Bench of this Court in W.P.No.4172 of 2003 and batch disposed of on 6-3-2007, wherein the petitioners therein are directed to submit representations to the respondents within a period of two weeks and the respondents to consider the representations of the petitioners therein and pass speaking orders on all the contentions raised by them. In view of the Division Bench judgment of this Court in W.P.No.4172 of 2003 and batch disposed of on 6.3.2007, this writ petition is disposed of giving liberty to the petitioners herein to make representations to the respondents within a period of two weeks and the respondents herein to consider the same and pass speaking orders on all the contentions raised by the petitioners herein. Till the representations are disposed of by the respondents the demand notice issued under sections 114 to 118 shall remain in abeyance. Dated: 11-06-2008. (B.Seshasayana Reddy,J) tnb .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT} THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO.8884 OF 2008 POSTED IN WEB DATED: 11-06-2008.