IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12369 of 2009 Between: CN Dezine Studio, 6-2-967/17, First Floor, Near Nirankari Bhavan, Khairtabad, Hyderabad - 500 004, represented by its Proprietor, Sri Chitwan Naredi. .... PETITIONER AND 1 The Greater Hyderabad Municipal Corporation, Tankbund Road, Hyderabad, represented by Special Officer and Commissioner. 2 The Additional Commissioner (Advertisements), The Greater Hyderabad Municipal Corporation, Tankbund Road, Hyderabad. 3 USM Business Systems Private Limited, a private Limited company, 1-8-319/2, Patigadda Road, Behind 'Ford' show room, Secunderabad, represented by Secretary. ....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 of Mandamus or other appropriate order or direction particularly in the nature of a Writ declaring the impugned demand notice bearing No. 258/245/ADI/Advt/GHMC-2008-2009, Serial No.12866 dated 30.3.2009 as absolutely arbitrary, discriminatory, without any power, violative of Articles 14, 19 (1)(g) and 300A of Constitution of India, principles of natural justice and consequently restrain the respondents from taking any action pursuant to the same in the interest of justice and pass such other or further orders as this Hon’ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.B.NALIN KUMAR Counsel for the Respondents: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following: THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12369 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the respondents in issuing the impugned notice bearing No.258/245/AD1/Advt/GHMC-2008-2009, Serial No.12866 dated 30- 03-2009 demanding to pay advertisement fee, without any prior notice and without giving an opportunity of being heard, is illegal, arbitrary. 2. 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 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…” 3. 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. 4. Since the petitioner herein is also similarly situated, following the above said orders, the impugned demand notice dated 30.03.2009 is 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 respondent 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. 25.06.2009 RAR THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 12369 of 2009 DATED : 25-06-2009