HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.15862 of 2002 Date: August 04, 2014 Between:
M/s. Bharti Mobile Limited, My Home Tycoon Block ‘A”, Kundanbagh, Hyderabad.
… Petitioner And
1. Municipal Commissioner of Hyderabad, Rep. by its Commissioner, Hyderabad & another.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.15862 of 2002 O R D E R:
Heard learned counsel for the petitioner and learned standing counsel for the first respondent.
2. The writ petition was filed challenging the action of the respondents in calling upon the petitioner to pay advertisement charges and EMD for ‘Airtel Magic’ signboards displayed at various business houses/outlets in twin cities of Hyderabad and Secunderabad.
3. It is represented by the learned counsel for the petitioner as well as the learned counsel for the first respondent that the issue raised in this writ petition is covered by a decision in Rama Devi Multi Specialty Dental Clinic, Hyderabad V . Greater
[1]
Hyderabad Municipal Corporation, Hyderabad wherein it was held as under.
“(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 therefore, commensurate with the service or regulatory activity, and in its discretion to levy tax, under Section 197(f), duly following the prescribed procedure.
4. Following the above decision, the writ petition is allowed. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: August 04, 2014 BSB
7 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.15862 of 2002 Date: August 04, 2014 BSB
[1] 2010 (2) ALD 856