THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 21675 OF 2010 Dated: 31.08.2010 Between : M/s. Sono Vision, Ramayya Street, Suryaraopet, Kakinada represented by its Managing partner P.Bhaskara Murthy … Petitioner And Municipal Corporation, Kakinada represented by its Commissioner and another … Respondents The Court made the following:- THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 21675 OF 2010 ORDER: This writ petition is filed seeking a declaration that the action of the respondents in insisting the petitioner to pay advertisement fee vide notice bearing S.No.304/328, dated 28.07.2010, is arbitrary and illegal. When the matter is taken up for consideration, it is brought to my notice that in identical circumstances W.P.No.23354 of 2009 and batch was allowed by a common order dated 31.12.2009 holding as under: “ (a) the advertisement fee levied by the Corporation is in the form of a tax referable to Section 197 of the Act and it could not have been levied without specific authority and in accordance with the prescribed procedure; (b) the notices impugned in the writ petitions do not accord with Sections 169, 633 and other relevant provisions of the Act, and they are accordingly set aside; and (c) the Corporation is entitled to insist on the permissions being obtained for erection and display of advertisements, subject, however, to the exceptions covered by the proviso of sub-section (1) of Section 421 of the Act; and to stipulate fee thereof, commensurate with the service or regulatory activity, and in its discretion to levy tax, under Section 197 (f), duly following the prescribed procedure.” It is not disputed before this Court that the petitioner herein is also similarly situated. Following the above said order, the impugned notice is hereby set aside and the Writ Petition is disposed of in terms of the above directions. No costs. _____________ G. ROHINI, J Date: 31.08.2010 Ivd