M/S Sri Laxmi Sai Adds, Warangal v. Secy Secondary Edn Dept, Hyd And 2 Others

HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO: 3439 AF 2014 Betwee n:

IV/s Sri Laxmi Sai Adds, Represented by its Proprietor S.Rajesh Kumar, S/o. Veera Bhadra Rao, Aged about 36 Years, Occ:Business, #12-4-80, Papaiahpet, Warangal - 506 002.

,..PETITIONER AND The State of Andhra Pradesh, Represented by its Secretary to Government, Secondary Education Department, Secretariat, Hyderabad. The Commissioner, Board of lntermediate Education, Government of Andhra Pradesh, Nampally, Hyderabad.

The Principal, Government Junior College, Hanamkonda, Warangal District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of [Vandamus declaring the action of the respondent no.2 in issuing Proceedings No: Acad.l-2l1 993/2006, date1t 21-01-2014 as illegal, arbitrary and set aside the same and consequently direct the respondents to continue the petitioner's hoardings in the Government Junior College (co-ed), Hanmkonda by renewing licence. WPMP. No.4234 OF 2014 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3rd respondent not to remove/interfere with the petitioner hoardings situated at the Government Junior College (co-ed), Hanmkonda, pending disposal of the writ petition.

Counsel for the Petitioner: SRI V.V. ANIL KUMAR Counsel for the Respondents: GP FOR HIGHER EDUCATION The Court made the following: ORDER

,1 THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI ;

WRIT PETITION No.3439 of 2OL4 ORDER:

This writ petition is filed seeking the following relief: "..... to issue an appropriate writ or order or direction, more particularly, one in the nature of Writ of Mandamus declaring the action of the respondent No.2 in issuing Proceedings No.Acad/ l-21 199312006, dated 21.01.2014 as illegal, arbitrary and set aside the same, and consequently, direct the respondents to continue the petitioner's hoardings in the Government Junior College (Co-trd.), Hanamkonda by renewing licence and pass such other order or orders ......" Heard Sri V.V. Anil Kumar, learned counsel appearing for the petitioner and the learned Government Pleader for Education appearing for the respondents.

It has been contended by the petitioner that the petitioner \\:AS permitted to erect hoardings in the Government Junior College (Co-Ed.), Hanamkonda, vide Proceedings No.Acad/i-2l 1993 l2006, dated 30.12.2006 and the petitioner \\ias successfutlly erecting advertisement hoardings in Covernment Junior College (Co-Ed.), Hanamkonda, by way of renewing the licence from time to time. While so, respondent No.2 has issued impugned Proceedings No.Acad/12l1993/2006, dated 21.O1.2O14 cancelling the permission granted in favour of the petitioner.

AKS.J Challenging the said proceedings dated 21.01.20 14, the petitioner has filed the present writ petition. This Court u,as pleased to pass interim order dated 07.02.2014 and by virtue of the said interim order, the petitioner has been erecting advertisement hoardings in the premises of respondent No.3 - Col1ege.

Learned counsel for the petitioner had contended that respondent No.2 has issued impugned proceedings dated 2l.Ol .2014 without issuing any notice and rejected the licence of the petitioner contrary to the Ru1es. Learned counsel for the petitioner, therefore, contends that appropriate orders be passed in the writ petition directing the respondents to reconsider the case of the petitioner and pass appropriate orders in accordance with 1aw, if the petitioner fulfils the required conditions and the rules for erection of advertisement hoardings in the premises of respondent No.3 - College.

Learned Government Pleader for Education appearing for the respondents had contended that as the petitioner has violated the conditions of licence, respondent No.2 has issued impugned proceedings dated 2t .Ol.2O14 cancelling the licence of the petitioner. He further contends that if the petitioner submits a fresh representation, the case of the petitioner would be considered and appropriate orders r,"'ould be passed in accordance rvith law' granting permission to erect

J \\' P No 1.119 of20l1 advertisement hoardings in the premises of respondent No.3 - Coilege.

This Court, having considered the rival submissions made by learned counsel for the respective parties, is of the considered view that this writ petition can be disposed of directing the petitioner to submit a fresh representation to respondent No.2 within a period of two u,eeks from the date of receipt of a copy of this order and on such a representation being received, if the petitioner is entitled for erection of advertisement hoardings in respondent No.3 - College, the case of the petitioner shall be considered and appropriate orders be passed in accordance u,ith law within a further period of eight weeks thereafter.

With the above observations, this u,rit petition 1S disposed of. No order as to costs.

Pending miscellaneous petitior-rs, if any, shall stand closed.

SD/.K.VENKAI ASSISTANT REGIST //TRUE COPY// SECTIO \ o FICER To,

1. The Secretary to Government, Secondary Education Department, State of Andhra Pradesh, Secretariat, Hyderabad.

2. The Commissioner, Board of Intermediate Education, Government of Andhra Pradesh, Nampally, Hyderabad.

3. The Principal, Government Junior College, Hanamkonda, Warangal District.

4. One CC to Sri. V.V. Anil Kumar, Advocate [OpUC]

5. Truo 9Cs to GP for Higher Education, High Court for the State of Telangana Iour]

6. Two C.D. Copies Prk {.iv

HIGH COURT DATED:2710112021 rei E ST4 q

ORDER

o 03 tEB 2021 WP.No.3439 of 2014 * * DFS Pr\TC Disposing of the WP.

without costs.

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