IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27320 of 2008 Between: Idea Cellular Limited 5-9-62, KLK Estates, Fateh Maidan Road, Hyderabad Rep. by its Senior Manager-Legal Sri B. Arun Madhar S/o. B.V.R. Murthy, aged 34 yrs, R/o. Hyderabad. ..... PETITIONER AND 1 Warangal Municipal Corporation Rep. by its Commissioner Warangal, Warangal District. 2 M/s. Mahendra Fashions, Door No. 4-9-128, Chowrasta, Hanamkonda. .....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 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 Counsel for the Petitioner:MR.RAMA RAO GHANTA Counsel for the Respondent No.: MR.V.DURGA NAGESWARA RAO The Court made the following : O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in threatening to take coercive steps for removal of the boards erected by the petitioner at its shops, etc. without giving opportunity whatsoever, and the action of the 1st respondent in authorizing the 2nd respondent to exercise the statutory power, as arbitrary, illegal and in violation of the principles of natural justice. When this mater is taken up for hearing, the learned counsel for the petitioner and the learned standing counsel for Warangal Municipal Corporation appearing for the 1st respondent, have agreed and submitted that this writ petition is squarely covered by a judgment dated 6.3.2007 delivered by a Division Bench of this Court in W.P.No.4172 of 2003 and batch and another judgment in Kasturi Brothers, Dress Materials and Saree Shop, Hyd. V. M.C.H.[1] In view of their submission, this writ petition is allowed and the Demand Notice, dated 14.8.2008 issued by the 2nd respondent is set aside, and the respondents are hereby directed to afford an opportunity to the petitioner to file a representation/objection, and on such representation/objection that may be filed by the petitioner, the 1st respondent-Corporation shall consider it and pass appropriate orders in accordance with law. As this writ petition is allowed without issuing usual notice to the 2nd respondent, this Court directs the 1st respondent- Corporation to put the 2nd respondent on notice before passing any orders. This entire exercise shall be done within a period of four weeks from the date of receipt of a copy of this order. No costs. ______________ 16.12.2008 Note: Furnish copy in three days B/o bcj [1] 2007(1) ALD 481