M/S. Vodafone Essar South Ltd., Hyd. v. Kurnool Municipal Corp. Kurnool Dist.

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.5203 of 2009 ORDER:

This writ petition is filed for the following relief: "to declare the issuance of the Notice in Roc.No.4818/97/G-3, dt.

07.02.2009 by the respondent corporation demanding payable of amount of Rs.1,23,000/- towards the alleged advertisement fee as arbitrary and illegal."

The issue raised in the present writ petition is squarely covered by the common order, dated 31.12.2009, passed by this Court in Writ Petition No.23354 of 2009 and batch, the operative portion of which reads as under:

"Hence, the writ petitions are allowed holding that: (a) the advertisement fee levied by the Corporation is in the form of a tax referable to Section 197 of the Act and it could not have been levied without specific authority and in accordance with the prescribed procedure;

(b) the notices impugned in the writ petitions do not accord with Sections 169, 633 and other relevant provisions of the Act, and they are accordingly set aside; and (c) the Corporation is entitled to insist on the permissions being obtained for erection and display of advertisements, subject, however, to the exceptions covered by the proviso of sub-section (1) of Section 421 of the Act; and to stipulate fee therefor, commensurate with the service or regulatory activity,

CKR, J W.P.No.5203 of 2009 and in its discretion to levy tax, under Section 197(f), duly following the prescribed procedure."

Following the above said common order and for the reasons recorded therein, this Writ Petition is also allowed in terms thereof.

Miscellaneous Petitions, if any pending, shall stand closed. There shall be no order as to costs.

_________________________ CHALLA KODANDA RAM, J 23rd AUGUST, 2018.

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CKR, J W.P.No.5203 of 2009 THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.5203 of 2009 Dt. 23.08.2018 eha