IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD MONDAY , THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND ELEVEN :PRESENT: THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WP .NO:22326 of 2008 Between: Ad-Age Outdoor Advertising Pvt. Ltd., A Company incorporated under provisions of Companies Act, 1956, having its Registered Office situate at Plot No.181/A, MLA, Colony, Road No.12, Banjara Hills, Hyderabad, rep. by its Executive Director, Sri Syed Iftequar Mehdi, s/o. late SriS.Y.Nawab ..... Petitioner AND 1 Government of Andhra Pradesh, rep. by its Secretary, Municipal Administration & Urban Development F-2 Department, Secretariat Buildings, Hyderabad. 2 Greater Hyderabad Municipal Corporation, rep. by its Commissioner, C.C. Buildings, Hyderabad. 3 Greater Hyderabad Municipal Corporation, rep. by its Additional Commissioner, C.C. Buildings, Hyderabad. 4 Andhra Pradesh Wakf Board, rep. by its Chief Executive Officer. 5 Hon'ble Minister for Municipal Administration, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. 6 Prakash Arts, rep. by its Chief Operating Officer, having its office at 3-6- 473/1, Street No.5, Himayath Nagar, Hyderabad - 500 029. .....Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue any writ, order or direction, preferably a writ in the nature of Mandamus declaring the Proceedings bearing No. 2254/F2/2007 dated 22.9.2008 as illegal, arbitrary and violative of Article 14 of the Constitution of India; and consequently suspend the operation of the said proceedings by permitting the petitioner herein to erect the Uni Poles in terms of the proceedings bearing No. 194/AD3/Advt/MCH/2006 dated 29.5.2006; 40/Ad3/Advt/MCH/2006 dated 29.5.2006 and 39/AD3/Advt/MCH/2006 dated 29.5.2006; The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of SRI S. NIRANJAN REDDY Advocate for the Petitioner and of Govt. Pleader for Municipal Administration for respondent No.1, Sri R.Ramachandra Reddy S.C. for respondents 2 and 3, Sri M.A.K.Mukheed S.C. for respondent No. 4, and of Sri V.V.Anil Kumar Advocate for respondent No. 6, the Court made the following. ORDER: In this writ petition, petitioner has questioned the order dated 22.09.2008 issued in Memo No.2254/F2/2007. By the aforesaid order, the 1st respondent has set aside the proceedings of the Commissioner, GHMC, Hyderabad dated 15.03.2007 vide No.194/AD3/Advt./MCH/2006/299/300. Dispute in the writ petition relates to the licence/permission granted by the Municipal Corporation of Hyderabad permitting the petitioner to erect unipole. The petitioner has applied to the Andhra Pradesh Wakf Board for grant of no-objection certificate for erecting unipole hoardings in the properties belonging to the Andhra Pradesh Wakf Board. Based on the no-objection granted by the Wakf Board authorities, permission/licence was granted to the petitioner for erection of unipole hoardings at Dargah Amanullah Shah (Rh), Tankbund, MG Road, Hyderabad. The said permission is questioned by the 6th respondent herein before the 1st respondent mainly on the ground that condition no.33 of the terms and conditions notified by the Municipal Corporation of Hyderabad disallows erection of unipoles in places of worship like temples, mosques, churches, graveyards, buildings of national importance including the buildings of archeological, historic and heritage importance. When there was direction from this Court to consider the objections of the 6th respondent and pass appropriate orders, impugned order came to be passed mainly on the ground that permission/licence granted to the petitioner is in violation of condition No.33 of the terms and conditions notified by the Municipal Corporation of Hyderabad. In the additional affidavit filed by the petitioner, it is stated that the 6th respondent at whose instance the impugned order has been passed itself has set up more than 10 multi-stand hoardings at Darga Takia Amanullah Shah, a unipole in Hanuman Mandir opposite to Anand Theatre, Secunderabad, another unipole in Durga Mandir opposite to Srinagar Colony and various other unipoles and multi- stand hoardings in different cremation grounds, Dargahs, Temples etc. A list of multi-stand hoardings and unipoles existing in various Temples, Mosques and Dargahs is given by the petitioner. When such unipoles and multi-stand hoardings are permitted in places of worship like Temples, Dargahs etc., in the entire twin cities, it is not known how such ground is made basis for the Government to set aside the order of the Commissioner, MCH, by which the petitioner was permitted to erect unipole in the area covered by Dargah. In view of the additional affidavit filed by the petitioner and the particulars given with regard to various hoardings and unipoles erected in various places which are prohibited under condition no.33 of the terms and conditions notified by MCH, I deem, it is a fit case to call for a comprehensive report from the Secretary to Government, Municipal Administration & Urban Development Department. Accordingly, the 1st respondent herein is directed to submit a report to this Court giving the details of total unipoles and multi-stand hoardings, which are presently allowed in places of worship like Temples, Mosques, etc., as prohibited under condition no.33 of the terms and conditions notified by the Municipal Corporation of Hyderabad. For the purpose of submitting the report, it is open to the 1st respondent to call for information from the Commissioner, GHMC, or any authority and submit such report to this Court within a period of two weeks from the date of receipt of this order. Post after two weeks. ASSISTANT REGISTRAR //TRUE COPY// for ASSISTANT REGISTRAR To 1. The Secretary, Municipal Administration & Urban Development F- 2 Department, Govt. of A.P.Secretariat Buildings, Hyderabad. 2. The Commissioner, Greater Hyderabad Municipal Corporation, C.C. Buildings, Hyderabad. ( 1 & 2 BY SPL.MESSENGER) 3 The Additional Commissioner, Greater Hyderabad Municipal Corporation, C.C. Buildings, Hyderabad. 4 The Chief Executive Officer, Andhra Pradesh Wakf Board,. Hyd. 5 Hon'ble Minister for Municipal Administration, Government of Andhra Pradesh, Secretariat Buildings, Hyderabad. 6 The Chief Operating Officer, Prakash Arts, having its office at 3-6- 473/1, Street No.5, Himayath Nagar, Hyderabad - 500 029. ( 3 to 6 by RPAD) 7.2 CCs to the G.P. for Municipal Administration, High court of A.P.Hyd. (BY SPL.MESSENGER) 8.One C.C.to Sri S.Niranjan Reddy Advocate (OPUC) 9.One C.C.to Sri V.V.Anil Kumar Advocate (OPUC) 10. One C.C.to Sri R.Ramachandra Reddy Advocate (OPUC) 11.One C.C.to Sri M.A.K.Mukheed Advocate (OPUC) 12.one spare copy. Bsr HIGH COURT RSR.J DATED 31-10-2011 POST AFTER TWO WEEKS. ORDER W.P.NO. 22326 OF 2008 DIRECTION Bsr Dt. 1-11-2011 HIGH COURT RSR.J DATED 31-10-2011 POST AFTER TWO WEEKS. ORDER W.P.NO. 22326 OF 2008 DIRECTION