IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 10885 of 2007 Between: Haabia Advertising Agency, rep. by its Proprietor N.Gopal Rao S/o. Janardhan Rao R/o.CBM Compound, Visakhapatnam. ..... PETITIONER AND 1 Government of Andhra Pradesh, rep. by its Principal secretary, Municipal Administration, Secretariat Buildings, Hyderabad. 2 Greater Visakhapatnam Municipal Corporation, Asilmet Junction, rep. by its Commissioner. 3 Chief City Planner, Greater Visakhapatnam Municipal Corporation, Asilmet Junction, Visakhapatnam. .....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 or order or direction more particularly in the nature of a writ of mandamus declaring the action of the respondent in passing unilateral orders in proceedings Rc.No.5986/94/G7, dated 14-5-2007 as unconstitutional and consequently direct the respondent not to pass any orders against the petitioner organization unless there is an enquiry after due notice while setting aside the orders in proceedings Rc.No.5986/94/G7, dated 14-5- 2007. Counsel for the Petitioner:MR.K.S.MURTHY Counsel for Respondent No.1: NONE APPEARED Counsel for Respondent Nos.2 & 3: SRI N.RANGA REDDY The Court made the following: ORDER: This writ petition is filed for a writ of mandamus to set aside proceedings, dated 14.05.2007 issued by respondent No.2 whereby the petitioner is placed under black list and was directed to remove all the hoardings in Greater Visakhapatnam Municipal Corporation area within three days on the ground that they were raised without proper structural strength. Heard Sri K.S.Murthy, learned counsel for the petitioner and Sri N.Ranga Reddy, learned Standing Counsel for respondent Nos.2 and 3. This Court on 24.05.2007, suspended the impugned proceedings subject to the condition that the petitioner shall produce the structural stability certificates issued by the qualified Structural Engineer for all the hoardings, which the petitioner erected, within a period of ten days. The learned counsel for the petitioner invited my attention to proceedings, dated 11.05.2007 issued by respondent No.2 wherein the petitioner is called upon to produce the structural stability certificate issued by the qualified Structural Engineer for all the hoardings within seven days from the date of receipt of the said notice. The learned counsel contended that even before expiry of the said period, respondent No.2 issued the impugned proceedings whereunder the petitioner was placed under black list. Having considered the submissions of the learned counsel for the parties, I am of the view that the impugned proceedings issued even before the expiry of the time granted in proceedings, dated 11.05.2007 appear to be arbitrary. If within the time given to the petitioner, it failed to produce the Structural Stability Certificates, it would have been open to respondent Nos.2 and 3 to take appropriate action. Under the above circumstances, the impugned proceedings, dated 14.05.2007 are set aside. The petitioner is permitted to file, if not already done, the Structural Stability Certificates issued by the qualified Structural Engineer in respect of the advertisement Boards erected by it within a period of two weeks from today and after examining the said certificates, respondents 2 and 3 shall take appropriate action. The writ petition is accordingly allowed. C.V. NAGARJUNA REDDY, J 18th FEBRUARY, 2008 kvni .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary, Government of Andhra Pradesh, Municipal Administration, Secretariat Buildings, Hyderabad. 2 The Commissioner, Greater Visakhapatnam Municipal Corporation, Asilmet Junction. 3 The Chief City Planner, Greater Visakhapatnam Municipal Corporation, Asilmet Junction, Visakhapatnam. 4 Two CCs to the Government Pleader for Municipal Administration, High Court of A.P., Hyderabad. 5 2 CD copies