IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14599 of 2009 Between: Indian Oil Corporation, A Government of India Enterprises with its Registered Office at G -9, Aku Yavar Jung Marg, Bandra (East), Mumbai - 400 051 and Andhra Pradesh State Office at 3-6-436 to 438, III Floor, 'Naspur House' Himayatnagar, Hyderabad - 500 029 Rep by its Chief Law Manager .... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, Rep by its Chief Commissioner, 1st Floor, Municipal Complex, Tank Bund, Hyderabad. 2 The Additional Commissioner, Advertisement Section, Greater Hyderabad Municipal Corporation, 1st Floor, Municipal Complex, Tank Bund, Hyderabad. 3 M/s. USN Business Systems Private Limited, Authorized Advertisement Fee Collection Agent of MCH, MIG 9B, Indian Airlines Colony, Street No. 3, Begumpet, Hyderabad. ....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 Writ, order, or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in issuing demand notice towards advertisement fee invoking section 421 read with section 622 of the Hyderabad Municipal Corporation Act 1955 for the display of the company's logo, company's name, product details and specifications, price lists etc in the interest of general public in the form of Neon/Glow/Sign/Vinyl display or lit boards or non lit boards etc either dealer run or company owned and company operated, within the territorial jurisdiction of the Greater Hyderabad Municipal Corporation as arbitrary, illegal and contrary to proviso to section 421 fo the HMC Act, 1955, violative of the fundamental rights guaranteed under article 14 and 19 (1) (g) of the constitutions of India, contrary to the pricing policy of the petroleum products of Government of India under Petroleum Act and Petroleum rules framed there under and further declare that such disply by the public sector undertakings is covered by the exception under section 421 of the HMC Act, 1955 and direct the respondents not to collect any advertisement fee from the petitioner or pass such other order or orders as the Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner : MR.DEEPAK BHATTACHARJEE Counsel for the Respondent Nos.1 & 2: SMT.KALPANA EKBOTE The Court made the following : THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No : 14599 of 2009 ORDER: This writ petition is filed seeking a declaration that the action of the respondents in treating the name boards erected in the retail outlets of the petitioner company as advertisements and thereby issuing notices dated 26.5.2009, 29.5.2009 to the petitioner demanding to pay advertisement fee, 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 26.5.2009, 29.5.2009 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. 22nd July 2009 RAR THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION NO : 14599 of 2009 DATED : 21.07.2009