IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 15197 of 2009 Between: 1. Vellanki Foods D-112 Madhuranagar Near Vengal Rao Nagar Hyderabad 2. Vellanki Foods Shop No 4&5 Shantha Estates Motinagar X Roads Kalyannagar,Boranbanda,Hyderabad Rep.by its Proprietor Sri Vellanki Shankara Rao, ..... PETITIONERS AND 1 The Greater Hyderabad Municipal Corporation rep.by its Special Officer & Commissioner Tankbund Road, Hyderabad 2 The Additional Commissioner Advertisement the Greater Hyderabad Municipal Corporation Hyderabad 3 U.S.M Business Systems Private Limited 1-8-319/2 Patigadda Road behind ford Showroom, Secunderabad .....RESPONDENTS 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 Writ of Mandamus declaring the action of the respondents in issuing the notice dated 24-04-2009 vide proceedings No 245/Advt/GHMC/2008-2009 in Serial No 28153 and 21-05-2009 vide proceedings No 245/Advt/GHMC/2008-2009 in Serial No 42853 respectively treating the name Board/board frames fixed by the petitioner on the parapet wall of its business place and consequently demanding the fee for the same is illegal arbitrary capricious and in violation of the principles of natural justice. Counsel for the Petitioner: MR.P.SRIHARI Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH The Court made the following: THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.15197 OF 2009 ORDER : This writ petition is filed seeking a declaration that the action of the respondents in issuing the notice dated 24.04.209 vide proceedings No.245/Advt./GHMC/2008-2009 in Serial No.28153 and on 21.05.2009 vide proceedings No.245/Advt/GHMC/2008-2009 in Serial No.42853 respectively treating the name Board/board frames fixed by the petitioner on the parapet wall of its business place and consequently demanding the fee for the same, as illegal arbitrary and against Section 421 of the Hyderabad Municipal Corporation Act, 1955. When the matter is taken up for consideration, it is brought to my notice by the learned counsel for the petitioner as well as the learned Standing Counsel appearing for the Corporation that in an identical circumstances, W.P.No.5825 of 2006 and batch was disposed of by order dated 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 my notice that following the said order, W.P.No.6715 of 2009 and etc., 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 petitioner herein is also similarly situated, following the above said orders, the impugned demand notices dated 24.04.2009 and 21.05.2009 are set aside and the writ petition is disposed of at the stage of admission granting liberty to the petitioner to make a representation to the respondents within a period of four weeks from the date of receipt of this order. If any such representation is made, the Corporation shall consider the same and pass appropriate orders in accordance with law. No costs. ______________ G. ROHINI,J. Dt. 29.07.2009 kvrm THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.15197 OF 2009 DATED: 29.07.2009