IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIRST DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 9467 of 2009 Between: Agrawala Sweets & Restaurant, rep.by its Partner Sumeet Kumar Agarwal,S/o.Sharaan Kumar Agarwal R/o.5-4-31, J.N.Roads, Abids, Hyderabad ..... PETITIONER AND 1 Greater Hyderabad Municipal Corporation, rep.by its Chief Commissioner, Tank Bund, Hyderabad 2 The Addl.Commissioner , Advertisement section GHMC, Tank Bund, Hyderabad 3 USM Business Systems PVt Ltd.,# 1-8-319/2 Patigadda Road, Behind Ford Showroom Begumpet, Secunderabad .....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 at premises No.5-4-18, J.N.Road, Abids,Opp;Ramakrishna Theater, Hyderabad and other at 3-5-912 AITUC Building Himayatnagar, Hyderabad as Advertisement and issuing demand notice dated 28.4.2009 demanding to pay advertisement fee and threatening to remove the name board without considering explanation submitted by petitioner as illegal arbitrary, and against the section 421 of HMC Act and without jurisdiction Counsel for the Petitioner: MR.SREENIVASA RAO VELIVELA Counsel for Respondent Nos.1 and 2: R.RAMACHANDRA REDDY,SC FOR MCH The Court made the following : ORDER: When the matter is taken up for admission, it is submitted by the learned counsel for the petitioner and the learned standing counsel appearing for respondent Nos. 1 and 2 that the subject matter of the writ petition is covered by an order passed by this Court i n National Insurance Company Limited, Hyderabad vs. Additional Commissioner (Finance), Municipal Corporation of Hyderabad[1]. Following the same, the demand notice dated 28-04-2009 is set aside permitting the petitioner to make a representation treating the same as a show cause notice. On filing of such representation by the petitioner, it is open for the respondents to consider the case of the petitioner as to whether the name board exhibited by it can be treated as an advertisement for the purpose of collecting the fees as contemplated under Section 421 of the Hyderabad Municipal Corporation Act, 1955 or not and pass appropriate orders. It is also open for the respondents to take further action in accordance with law. The writ petition is accordingly disposed of. No order as to costs. R. SUBHASH REDDY, J 01-05-2009 ks/ktl [1] 2007 (1) ALD 312