Himagiri Cold Storage Pvt Ltd., v. The Guntur Municipal Corporation Guntur

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION NO.8044 OF 2015 O R D E R :

This writ petition is filed for a Writ of Mandamus declaring the action of the respondents in demanding license fee in respect of cold storage unit owned by the petitioner as illegal, arbitrary and contrary to Section 521 (1) of Hyderabad Municipal Corporation Act, 1955 and judgment of this Court dated 03.09.2002 in W.P.No.24628 of 1996 and batch and for a consequential direction to the respondents not to collect any license fee for the petitioner's cold storage unit.

Today, when the matter is taken up for hearing, it is submitted by the learned counsel for the petitioner that the subject matter of the writ petition is squarely covered by the order dated 03.09.2002, passed by this Court in W.P.No.24628 of 1998 and batch and the same is not disputed by Sri Nimmagadda Venkateshwarlu, the learned Standing counsel for the respondentCorporation. For the reasons alike in the above writ petition, this writ petition is allowed holding that the Corporation is not entitled to collect/levy any fee unless and until cold storage units are included as one of the items in Schedule 'P'. No costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

_______________________________ A.RAJASHEKER REDDY, J 27.03.2015 dv