IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16278 of 2008 Between: M/s. Furniture World, Plot No.1, Journalists Colony, Road No.3, Banjara Hills, Hyderabad, Rep. by its Partner Sri L. Surendranadh, S/o. late Gundy Rao, Aged about 35 Years, R/o. Hyderabad. ..... PETITIONER AND 1 The Municipal Corporation of Hyderabad, Rep. by its Commissioner, Tankbund Road, Hyderabad. 2 The Additional Commissioner, Advertisement, Section, M.C.H., Tank Bund Road, Hyderabad. 3 Nest Enterprises Private Limited (Authorized Advertisement Fee Collection Agent of M.C.H.), M.I.G-9-B, Indian Airlines Colony, Street No.3, Opp: Airport, Begumpet, Hyderabad. .....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 a Writ, order or direction, more particularly one in the nature of WRITOF MANDAMUS, declaring the action of the respondents in treating the name Board/board frames fixed by the petitioner on the parpet wall of its business place are as covered by section 421 of H.M.C. Act, and consequently demanding the fee vide proceedings dated 13-6- 2008 in Serial No. 40513/No. 811/Advt./MCH/2007-2008 for the same is illegal, arbitrary, illegal, arbitrary, without jurisdiction and in violation of the principles of natural justice and to pass Counsel for the Petitioner:MR.P.SRIHARI Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 16278 OF 2008 ORDER: 1. This writ petition has been filed by M/s Furniture World,Plot No.1, Journalists Colony, Raod NO.3, Banjara Hills, Hyderabad with a prayer to issue a writ of mandamus declaring the action of the respondents in treating the name boards fixed by the petitioner on the parapet wall of its business place are covered by Section421 of Hyderabad Municipal Corporation Act and consequently issuing notice No. 40513/No.81/Adv.t/MCH/2007-2008 dated 13-6-2008 as illegal and arbitrary. 2. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the Greater Hyderabad Municipal Corporation. 3. The issue involved in this writ petition is covered by a Division Bench judgment of this Court in W.P.No. 4089 of 2005 disposed of on 10- 3-2005 wherein the petitioners therein are directed to submit representation to the respondents within two weeks and respondents to consider the representation within two weeks and pass appropriate orders. 4. In view of a Division Bench Judgment of this Court, this writ petition is disposed of giving liberty to the petitioner to make representation within a period of two weeks. The respondents shall consider the same and pass appropriate orders on the contentions raised by the petitioner. Till representation is made the notice under Section 421 r/w Section 622 of Hyderabad Municipal Corporation act, 1955 shall remain in abeyance. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 28th July, 2008. Note : C.C. in three days B/o KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 16278 OF 2008 28th July, 2008.