IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11788 of 2009 Between: 1 M/s. Virgin Mobile India Pvt. Ltd., 2nd Floor, ANR Centre, Road No.1, Banjara Hills, Hyderabad - 500034. Represented by its Mr.G.Srinivasa Rao S/o. Sri Rama Murthy 2 Mr.G.Srinivasa Rao S/o.Sri Rama Murthy M/s. Virgin Mobile India Ltd. 2nd Floor, ANR Centre, Road No.1, Banjara Hills, Hyderabad 500034. ..... PETITIONER(S) AND 1 Greater Hyderabad Municipal Corporation represented by its Commissioner, Tank Bund Road, Hyderabad. 2 M/s. USM Business Systems Pvt. Ltd., 1-8-307/2, Patiguda Road, Behind Ford Showroom, Begumpet, Secunderabad - 500 003. .....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 issue an appropriate Writ, order or direction particular one in the nature of Writ of Mandamus declaring the action the Demand Notice No.912/173 dated 7.3.09 issued by the 2nd respondent on behalf of the 1st respondent corporation demanding the petitioner to pay an amount of Rs.6,87,350.22 Ps. towards alleged advertisement fee and also the direct the respondents not take any coercive steps for removal of the boards erected by the petitioners company with out giving opportunity and any other action may take by 1st respondent authorizing the 2nd respondent to exercise the statutory power as arbitrary, illegal and ultra virus to the provisions of the Hyderabad Municipal Corporation Act, 1956 and in violation of the well settled principle of natural justice and to pass. Counsel for the Petitioner:MR.P.V.HARAGOPAL Counsel for the Respondent No.: 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.11788 of 2009 ORDER: This writ petition is filed seeking a declaration that the proceedings of the 1st respondent Corporation dated 07.03.2009 demanding advertising fee for erection of advertisement boards as arbitrary and illegal. When the matter is taken up for consideration, it is brought to my notice by the learned counsel for the petitioners as well as the learned Standing Counsel appearing for the 1st respondent-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 Corporations 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 petitioners herein are also similarly situated, following the above said orders, the impugned demand dated 07.03.2009 is hereby set aside and the Writ Petition is disposed of granting liberty to the petitioners 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. _______________ Justice G. Rohini Dt. 17.06.2009 Note: Issue CC in Three days. B/O mrb