The A.P.Federation Of Chambers Of Commerce And Trade v. The Chittoor Municipality, Chittoor,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 4632 of 2005 Date: 13.07.2016 Between:

The A.P. Federation of Chambers of Commerce and Trade, Chittoor District, rep., by its Convenor, Chittoor.

... Petitioner And The Chittoor Municipality, rep., by its Commissioner, Chittoor.

... Respondent

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 4632 of 2005 ORDER: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard learned counsel for the petitioner. None appears for the respondent.

This writ petition seeks the following relief: "For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may be pleased to issue a writ of Mandamus or any other appropriate writ or direction declaring the action of the respondent in collecting the advertisement tax even on the name boards or identify boards which are displayed in front of the shops in Chittoor town even though the same are exempted under third proviso to Section 114 of the Municipalities Act as illegal, arbitrary and one without jurisdiction and consequently direct the respondent not to collect advertisement tax on the name boards or identify boards and pass such other or further orders as the Hon'ble Court feels deem fit and proper in the facts and circumstances of the case." This Court, while admitting the writ petition on 20.04.

2005, had granted interim direction as prayed. In view thereof, learned counsel for the petitioners submits that the respondent did not take further steps. He further submits that during pendency of this writ petition, the respondent - Municipality has been converted into Municipal Corporation. The Corporation has not taken any steps for their impleadment in the writ petition nor have they made any attempt to collect advertisement tax.

counsel for the petitioner submits that the writ petition may be disposed of with liberty to the petitioners to approach appropriate forum, if advertisement tax on the name boards displayed in front of shops in Chittoor town is demanded/collected. Writ petition is disposed of with liberty as prayed. Miscellaneous petitions, if any, shall also stand disposed of. There shall be no order as to costs.

_______________________ DILIP B.BHOSALE, ACJ ____________________​__ P.

NAVEEN RAO, J Date: 13.07.2016 ES