IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1053 of 2009 Between: M/s. Vodafone Essar South Limited, 6th Floor, Varun Towers II, Begumpet, Hyderabad, Rep. by its Senior Manager (Legal) ..... PETITIONER AND Narasaraopet Municipality Rep. by its Commissioner, Narasaraopet, Guntur District. ....RESPONDENT 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 order or direction more a particularly one in the nature of Writ of Mandamus declaring the action of the respondent in issuing the impugned notice dt. 29-11-2008 straightaway without issuing any prior notice and 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 as arbitrary, illegal and ultra vires to the provisions of the Andhra Pradesh Municipalities Act 1965 and in violation of the well settled principles of natural justice and to pass Counsel for the Petitioner:MR.RAMA RAO GHANTA Counsel for the Respondent No.: MR.S.NAGESWARA REDDY The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondent in issuing the impugned Notice dated 29.11.2008 to the petitioner 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. 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 Narsaraopet Municipality appearing for the respondent, have agreed and 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] In view of their submission, this writ petition is allowed and the Impugned Notice dated 29.11.2008 issued by the respondent is set aside and the respondent is 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 respondent shall consider it and pass appropriate orders thereon in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. No costs. ______________ N.V.RAMANA, J 28th January, 2009 bcj [1] 2007(1) ALD 481