IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27937 of 2008 Between: Hotel Akshaya, Premises No. 3-6-525, Street No.7 Himayatnagar, Rep. by its Proprietor M. Krishna Murthy S/o. M.S. Manja, Business, aged 45b yrs R/o. 4-7-95, Nagendra Nagar Colony, Habsiguda, Hyderabad. ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation Rep. by its Chief Commissioner, Tank Bund Hyderabad. 2 The Deputy Commissioner, Circle -9 Advertisement Section, GHMC, Tank Bund 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 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 petitioner as Advertisement and issuing demand notice demanding to pay advertisement fee as illegal, arbitrary and against the Section 421 of HMC Act and without jurisdiction and to pass Counsel for the Petitioner:MR.SREENIVASA RAO VELIVELA Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : ORDER This writ petition has been filed by Hotel Akshaya represented by its proprietor M.Krishna Murthy, with a prayer to issue a writ of Mandamus declaring the action of the respondents in treating the name board fixed by the petitioner on the parapet wall of its business place are covered by Section 421 of Hyderabad Municipal Corporation Act and consequently issuing notice No.281/Adv/GHMC/2008-2009, dated 17.12.2008 as illegal and arbitrary. Heard the learned counsel appearing for the petitioner and learned Standing Counsel for Greater Hyderabad Municipal Corporation appearing for the respondents. The issue involved in this writ petition is covered by a Division Bench Judgment of this Court in WP No.4089 of 2005 disposed of on 10.3.2005, wherein the petitioners therein were directed to submit representation to the respondents within two weeks and further the respondents were directed to consider the representation within two weeks and pass appropriate orders. In view of the 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 read with Section 622 of Hyderabad Municipal Corporation Act, 1955 shall remain in abeyance. The 3rd respondent shall return the sign boards of the petitioner forthwith. No costs. __________ 23-12-2008 rkk