IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 10982 of 2009 Between: M/s. Vodafone Essar South LImited, 6th Floor, varun Towers II, Begumpet Hyderabad500 016. Rep. by its General Manager (Finance) ..... PETITIONER AND 1 Vijayawada Municipal Corporation, rep. by its Commissioner, Vijayawada, Krishna District. 2 M/s. Supra Ads Rep. by its Proprietor, D.No. 27-20-30/A, Museum Road, Governarpet, Vijayawada-2, Krishna District. .....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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus the action of the respondents in threatening to take coercive steps for removal of the boards erected by the petitioner company at its business place, shops etc. without giving opportunity whatsoever and action of the 1st respondent in authorising the 2nd respondent to exercise the statutory power as arbitrary, illegal and ultra virus to the provisions of the Hyderabad Municipal Corporation Act, 1955 and in violation of the well settled principles of natural justice and to pass Counsel for the Petitioner:MR.RAMA RAO GHANTA Counsel for the Respondent No.: SMT.G.JHANSI The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.10982 OF 2009 ORDER: This writ petition is filed seeking a declaration that the action of the respondents in threatening to take coercive steps for removal of the boards erected by the petitioner company at its business place, shops etc., is arbitrary and illegal. 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 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 petitioner herein is also similarly situated, following the above said orders, the impugned demand dated 26.03.2009 is hereby set aside and the Writ Petition is disposed of 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 Date: 29.06.2009 KLP