M/S Pranay Ads v. State Of Telangana And 3 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY ,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO: 9523 OF 2020 Between:
It4/s Pranay Ads, Registered office at H. No.2-3-512l134/5/4, Bapu Nagar, Amberpet, Hyderabad, 500013, Represented by its Proprietor, D.Saritha ...PETITIONER AND
1. State of Telangana, Represented by its Principal Secretary, l\,4unicipal Administration and Urban Development Department, Hyderabad, Telangana
2. Greater Hyderabad Municipal Corporation, Represented by its Commissioner, CC Complex Tank Bund Road, Lower Tank Bund Hyderabad. 500063 Telangana State.
3. Commissioner, Greater Hyderabad Municipal Corporation, CC Complex Tank Bund Road, Lower Tank Bund Hyderabad. 500063 Telangana State.
4. Additional Commissioner, (Advertisement) Greater Hyderabad Municipal Corporation, CC Complex Tank Bund Road, Lower Tank Bund Hyderabad. 500063 Telangana State.
,..RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the crrcumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction. more particularly one in the nature of Writ of [\/andamus or any other Writ, declaring the impugned notice issued vide letter number Advt/GHIVC/2020-2111296, dated 25.06.2020 issued by the Respondent No.4, as illegal, arbitrary, untenable, without jurisdiction and without authority of law besides being unconstitutional and to set aside the same and to direct the Respondents 2 and 3 to act in accordance with directions issued in WPNos. 7483 of 2020 and batch, dated 3-6-2020.
lA NO: 1 OF 2020 Petition under Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the impugned notice issued by the Respondent No, 4, vide letter number, Advt/GHIVC/2020-2111296. dated 25.06.2020, by restraining the respondents herein from taking any coercive steps including, removing of the hoarding, or cancellation of permission given to the Petitioner to conduct business of outdoor advertising, as a result of non-compliance with G.O tt4s. No. 68 dated 20.04.2020, pending disposal of this Writ Petition. Counsel for the Petitioner: SRl. G. ANANDAM Counsel for the Respondent No.
GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 4: SRl. N. ASHOK KUMAR, SC FOR GHMC The Court made the following: ORDER
THE HON' BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION Nos. 9523 of 2020 ORDER:
This Writ Petition is filed seeking a mandamus to declare the impugned notice issued vlde letter No. Advt/GHMC/2020-27/1296, dated 25.06.2020 by the 4th respondent as illegal and arbitrary and to direct Respondents 2 and 3 to act in accordance with directions issued in Writ Petition No.7483 of 2020 and batch, dated 03.06.2020.
Heard learned counsel for the petitioner and Sri Neeli Ashok Kumar, learned Standing Counsel for respondent - Corporation. Both of them submit that this Writ Petition can be disposed of in terms of the order dated 03.06.2020 in Writ Petitions No. 7483, 7519 and 7524 of 2020, the operative portion of which reads as under:
"Taking into consideration the assertion of the learned counsel for the petitioners that the field inspection report dated 23.05.2O2O was not made available to the petitioners, the writ petition can be disposed of by directing the Corporation to furnish a copy of the field inspection report dated 23.05.2020, and on furnishing the same, the petitioners shall. by treating the notices dated 28.05.2O2O as Show Cause notices, submit their explanation within one week/ which shall be considered by the respondent Corporation objectively, for passing appropriate orders, in accordance with law, and the decision taken shall be communicated to the petitioners. It is made clear that till orders are made on the explanation that may be submitted by the petitioners. the existing advertisement structures shall not be dismantled."
It may be noted that in the instant Writ Petition, just like in the above Writ Petitions, which came to be disposed of by a common order, reliance has been placed on the report which the
petitioner arreged to have not been furnished to them and complains that they were not afforded an opportunity of hearing. In those circumstances, this Writ petition is disposed oF in terms of the Common order dated 03.06.2020 in Writ petitions No. 7483,7579 and 7524 ot 2020.
lViscellaneous petitions, if any pending, shall stand closed. SD/.CH.VEN KATESWARU LU ASSISTANT AR REG //TRUE COPY// OFFIC ER To, SECTI The Principal Secretary, IVunicipal Administration and Urban Development Department, State of Telangana Hyderabad, Telangana The Commissioner, Greater Hyderabad Municipal Corporation, CC Complex Tank Bund Road, Lower Tank Bund Hyderabad. 500063 Telangana State. The Additional Commissioner, (Advertisement) Greater Hyderabad Municipal Corporation, CC Complex Tank Bund Road, Lower Tank Bund Hyderabad. 500063 Telangana State.
One CC to Sri G. Anandam Advocate [OPUC] Two CCs to the GP for IVunicipal Administration and Urban Development, High Court for the State of Telangana at Hyderabad. (OUT) One CC to Sri. N. Ashok Kumar, SC FOR GHMC [OPUC] Two CD Copies 1.
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HIGH COURT DATED:01 10712020 ll 1Yle siAr€ * Joo P r10 JUL2020 l'
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ORDER
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W.P.No.9523 of 2020 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ..ruJ "rO c\\*