IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 16282 of 2008 Between: M/s.Sri Siva Reddy Pure Ghee Sweets rep.by its managing Partner I Siva Reddy S/o.Ram Reddy E-95 Madhuranagar Ameerpet,Hyderabad ..... PETITIONER AND 1 G.H.M.C rep.by its Chief Commissioner Tank Bund Hyderabad 2 The Addl.Commissioner Advertisement Section GHMC Tank Bund Hyderabad 3 Nest Enterprises Pvt Ltd(authorised Advertisement) Fee Collection Agent of MCH) MIG-9 B Indian Airlines Colony Street No.3 Opp. Airport Begumpet 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 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 in proc. No.790/Advt/MCH/2007-08 dt.19-05-2007 (served on 21-7-20080 with serial No.39463 and proc. No.818/Advt/MCH/2007-08 with serial No.40881 dt.14-7-2008 (serviced on 23-7-2008) demanding to pay advertisement fee as illegal, arbitrary and against the Sec.421 of HMC and without jurisdiction and to pass such other order or orders. Counsel for the Petitioner:MR.SREENIVASA RAO VELIVELA Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 16282 OF 2008 ORDER: 1. This writ petition has been filed by M/s Sri Siva Reddy Pure Ghee Sweets, with a prayer to issue a writ of mandamus declaring the action of the respondents in treating the name boards 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. 790/Advt/MCH/2007/2007-08, dated 19-5-2007 as illegal and arbitrary. 2. Heard learned counsel appearing for the petitioner and learned standing counsel appearing for the Greater Hyderabad Municipal Corporation. 3. The issue involved in this writ petition is covered by a Division Bench judgment of this Court in W.P.No. 4089 of 2005 disposed of on 10- 3-2005 wherein the petitioners therein are directed to submit representation to the respondents within two weeks and respondents to consider the representation within two weeks and pass appropriate orders. 4. In view of a 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 r/w Section 622 of Hyderabad Municipal Corporation act, 1955 shall remain in abeyance. 3rd Respondent shall return the sign boards of the petitioner forthwith. No order as to costs. _____________________________ Justice B.Seshasayana Reddy 28th July, 2008. Note: C.C. in three days Bo/KM THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO. 16282 OF 2008 28th July, 2008.