IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14297 of 2009 Between: 1 Gulab Singh Raj Purohit S/o Achal Singh Raj Purohit Pro.Tribuvan Jewellers 7-1-578 Near Kanakadurga Temple Ameerpet,Hyderabad 2 Surender Singh S/o Punam Singh, Prop Mayur Jewellers & Gold Loans Pro.Tribuvan Jewellers 7-1-578 Near Kanakadurga Temple Ameerpet,Hyderabad 3 Uttam Kumar Raj Purohit S/o.Baluram Purohit 7-1-572/1 Near Kanakadurga Temple Ameerpet,Hyderabad 4 Ashok Purohit S/o.Madhav Singh Purohit,prop; Pooja Jewellers 7-1-572,Satyam Temple Ameerpet,Hyderabad 5 Ahmed Kamuruddin Khimani S/o. Kamruddin,prop; Aswan Collections 7-1-570,Satyam Temple Ameerpet,Hyderabad 6 Kishore Kumar Rawal S/oChampalal Rawal, Prop: Tirupathi Jewellers Beside Aswan Collections 7-1-570 Ameerpet, Hyderabad 7 Ashok Singh S/o Bhanwar Singh,Prop: Manohar Jewellers 7-1-186 Gurudwar Line Ameerpet,Hyderabad 8 Ashok M.Jain S/o. Mangal jain,Prop:Dhanalakshmi Jewellers 7-1-181 Gurudwar Line Ameerpet,Hyderabad ..... PETITIONER(S) AND 1 The Greater Hyderabad Municipal Corporation Rep.by its Special Officer & Commissioner Tank Bund Road Hyderabad 2 The Additional Commissioner (Advertisement) Greater Hyderabad Municipal Corporation,Tank Bund Hyderabad 3 U.S.M Business Systems Private Limited 1-8-319/2 Patigadda Road Behind Ford Show Room 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 a writ or order or direction more particularly one in the nature of writ of Mandamus to declaring the action of the respondents in issuing the notice dt 13-6-2009 vide proceedings No 245/AD1/Advt/GHMC/2008-2009 in Serial No's 55132,55134,55135,55136,55140,55144,55141,55248 and 56907,U/s 421 R/w Sec 622 of the Municipal Corporation Act 1955 treating the name Board/board frames fixed by petitioners premises on the parapet wall of its business place and consequently demanding the fee for the same is illegal, arbitrary capricious and in violation of the principles of natural justice in the interest of justice Counsel for the Petitioner:MR.SAMINENI KISHORE Counsel for the Respondent No.: SMT.KALPANA EKBOTE The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.14297 of 2009 ORDER: This writ petition is filed seeking a declaration that the proceedings of the 1st respondent Corporation dated 13.06.2009 demanding advertising fee for erection of advertisement boards as arbitrary and illegal. When the matter is taken up for consideration, it is brought to my notice by the learned counsel for the petitioners as well as the learned Standing Counsel appearing for the 1st respondent-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 prosvisions 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 petitioners herein are also similarly situated, following the above said orders, the impugned demand notices dated 13.06.2009 are hereby set aside and the Writ Petition is disposed of granting liberty to the petitioners 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. _______________ Justice G. Rohini Dt. 17.07.2009 Note: Issue CC in Three days. B/O mrb