IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE THIRTIETH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 19240 OF 2024
Between:
M/s. STAR Inc. Prop
Datia Chakravardhan Reddy, S/o Datia
Chandrasekhar Reddy, Aged about 34 years, R/o D.No.23/1462,
Dhandayudhapuram, Opp D.R Uttam Hotel, Nellore, SPSR
Nellore District.
...PETITIONER
AND
1. The State of Andhra Pradesh, Rep. by its Principal
Secretary, Municipal
Administration Department, A.P. Secretariat, Velagapudi,
Guntur
District, Andhra Pradesh
2. The Nellore Municipal Corporation, Rep. by its Commissioner,
Nellore,
SPSR Nellore District,
3. The Town Planning Officer, Nellore Municipal Corporation,
Nellore,
SPSR Nellore 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 a WRIT OF MANDAMUS or any other
appropriate writ
direction declaring the action of the 2
or nd
respondent in issuing
endorsement in ROC.No.449737/2022/G2 dated 28.08.2024
directing the
petitioner to remove the flexis/banners/any kind of
advertisements erected in
Central medians and other important places in the jurisdiction
of Nellore
Municipal Corporation, within three days as illegal,
arbitrary, principles of
natural justice and violation of provisions of A.P.
Municipal Corporation Act,
1955 and consequently permit the advertising display
devices erected by the
petitioner pursuant to the proceedings vide ROC no 557785/2024/G3 dated
27.06.2024 by setting aside the endorsement Roc.No.449737/2022/G 2
dated 28.08.2024, issued by the 2"^ respondent.
lA NO: 1 OF 2024
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 permit the advertising display devices erected by the petitioner
vide proceedings ROC no 557785/2024/G3 dated 27.06.2024 by
suspending the endorsement Roc.No.449737/2022/G2 dated 28.08.2024,
issued by the 2^^ respondent, pending disposal of the
Writ petition.
Counsel for the Petitioner: SRI SIVAPRASAD REDDY VENATI
Counsel for the Respondent No.1: GP FOR MUNICIPAL
ADMINISTRATION AND URBAN DEVELOPMENT
Counsel for the Respondent Nos.2 & 3: SRI K. SURESH
KUMAR REDDY,
SC FOR MUNICIPAL CORPORATION
The Court made the following: ORDER
V
«>
APHC010381442024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
[3233]
(Special Original Jurisdiction)
FRIDAY, THE THIRTIETH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 19240/2024
Between;
Star Inc Prop
...PETITIONER
AND
The State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.SIVAPRASAD REDDY VENATI
Counsel for the Respondent(S);
1.GP FOR MUNCIPAL ADMN URBAN DEV
The Court made the following Order:
Heard the learned counsel for the petitioner and the learned
Assistant Government Pleader appearing for the respondents.
2. This writ petition is filed questioning the endorsement issued
rd
by the 3 respondent, dated 28.08.2024 for removal of
flexes/banners/any kind of advertisements erected in central medians
2'^^ respondent
and other important places within the limits of the
2
Corporation within three (3) days from the date of receipt of the said
endorsement.
Both the learned counsels submit that the similar matter is
3.
already disposed of by this court in W.P.No.19094 of 2024 dated
30.08.2024.
In terms of the same, it is made clear that the impugned
4.
endorsement of the 3"'^ respondent, dated 28.08.2024 shall be treated
only Notice calling for the explanation of the petitioner in the light of
as
the above said references mentioned therein. The petitioner is
permitted to submit his explanation enclosing all the
necessary
documents in support of their claim to the above said endorsement of
the 3'"^ respondent, dated 28.08.2024 within a period of two (2) weeks
from the date of receipt of this order. On receipt of the same, the
respondent Nos.2 & 3 shall proceed with the necessary enquiry
‘ i
pursuant to the above said Notice of the 3'^^ respondent,
dated
28.08.2024 by hearing all the parties concerned including the
petitioner and upon verification of the records and the locations where
advertisements were displayed, appropriate decision shall be taken
its own merits as expeditiously as possible preferably within a
on
period of two (2) months thereafter. Pending the above said enquiry,
there shall not be any coercive steps and there shall not be any
further erections and display of boards without the permission of the
3
respondent Nos.2 & 3. Subject to the outcome of the above said
enquiry, the display of devices of lollipops made by the petitioner
under the proceedings of the 2"'^ respondent, dated
27.06.2024 shall
be considered and if there is no further renewal of the same, the said
display boards shall be allowed to be there only up to the end of the
period granted earlier for the year 2024-2025 i.e., up to 26.06.2025.
5. Accordingly, the writ petition is disposed of. There shall be no
order as to costs.
6. The Registry is directed to append the copy of the order
passed by this court in W.P.No.19094 of 2024 dated 30.08.2024 to
this order.
As a sequel. Miscellaneous Petitions pending, if any, shall
stand closed.
SD/- K. SRINIVASA RAJU.,_
ASSISTANT^ REGISTRAR
//TRUE COPY//
/
S N OFFICER
To,
1. The Principal Secretary, Municipal Administration
Department, State of
Andhra Pradesh, AP Secretariat, Velagapudi, Guntur
District, Andhra
Pradesh
2. The Commissioner, Nellore Municipal Corporation,
Nellore, SPSR
Nellore District,
3. The Town Planning Officer, Nellore Municipal Corporation,
Nellore,
SPSR Nellore District.
4. One CC to Sri Sivaprasad Reddy Venati, Advocate
[OPUC]
5. One CC to Sri K. Suresh Kumar Reddy, SC for Municipal
Corporation[OPUC]
6. Two CCs to GP for Municipal Administration and Urban
Development,
High Court of Andhra Pradesh. [OUT]
7. Three CD Copies.
(Along with a copy of the order dated 30.08.2024 in
W.P. No.19094
to this order)
ssb
HIGH COURT
DATED;30/08/2024
ORDER
WP.No.19240 of 2024
■V
‘Ao
L\
★
^SSPAl
DISPOSING OF THE W.P. WITHOUT COSTS
APHC010378872024
IN THE HIGH COURT OF ANDHRA
Si'S
PRADESH
AT AMARAVATI
[3233]
S
(Special Original Jurisdiction)
FRIDAY .THE THIRTIETH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
the honourable SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: ^9(]QdnnoA
Between:
Fariya Advertising Media Events Private
Limited
...PETITIONER
AND
The State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.VNITESH
Counsel for the Respondent(S):
1.GP MUNCIPAL ADMN AND URBAN
DEVAP
The Court made the following:
ORDER:
Heard the learned
counsel for the petitioner, the learned Assistant
Government Pleader for the
respondent Nos.1 & 2 and the learned Standing
Counsel for the respondent Nos.3 & 4.
2.
This writ petition is filed
questioning the endorsement issued by the
respondent No.4. dated 28.08.2024 for
removal of flexes/banners/any kind of
advertisements erected i
in central medians and other important places within
the limits of the respondent No.3 Corporation within
three (03) days from
the
date of receipt of the said endorsement.
3. The learned counsel for the petitioner submits that
the
respondent No.3
vide proceedings in Roc.No.517291/2023/G2, dated 09.11.2023
permitted the
petitioner to display the devices of lollipops for
the year 2023-2024 on
payment of the required fee of Rs.2.70,000/- to display
the said devices
at
appropriate places as permitted under the said proceedings,
dated 09.11.2023
subject to terms and conditions. As per the said proceedings,
the permission
is valid for five (05) years from the date of issuing
the proceedings with a
renewal of the same once in a year on demand. However,
the Commissioner
reserves his right to cancel permission or remove the
hoardings whenever he
feels objectionable. Accordingly, the petitioner’s
permission period for the
year 2023-2024 is not yet completed and it is subsisting
up to 08.11.2024.
The petitioner also submitted
necessary letter for payment of fee for the
continuation of the said advertisements for the
period of 2024-2025 by
enclosing the necessary Demand Draft for a sum of Rs.
2,70,000/-, dated
24.04.2024. Further, there is a letter addressed by
the respondent No.2 to all
the Municipal Commissioners including the respondent
No.3 herein
with
regard to not allowing of the flexes in central median
and important places in
the ULBs by issuing necessary instructions. The respondent
No.3 also issued
the Demand Notice, dated 27.08.2024 directing the petitioner
to make
payment within seven (07) days from the date of receipt
of the same for the
3
f
year 2024-2025. But suddenly, on the next day itself, the respondent No.4
came out with the above said impugned endorsement, dated 28.08.2024
directing the petitioner to remove the flexes/banners/any kind of
advertisements as detailed in the said endorsement, pursuant to the letter of
the Director of Town and Country Planning, dated 14.08.2024
and the
instructions of the Hon’ble Minister, dated 16.08.2024.
4. The learned counsel for the petitioner further submits that this impugned
endorsement is contrary to the Demand Notice issued by the respondent No.3
and there is no objectionable material displayed under the permission granted
by the respondent No.3, dated 09.11.2023 to the petitioner for erection of the
advertisements of the display devices for the year 2023-2024.
5. On the other hand, the learned Standing Counsel and the learned
Assistant Government Pleader appearing for the respondents
submit that the
above said permission was given only to the petitioner for the year 2023-2024
and the period from 2024-2025 has not yet arisen and as such the respondent
Nos.2 to 4 can take appropriate decision whether to renew the proceedings of
the respondent No.3, dated 09.11.2023 in favour of
the petitioner for the next
year or not, since, the above instructions of the DTCP,
dated 20.08.2024 and
the instructions of the Hon’ble Minister, dated 16.08.2024 to all the Municipal
Commissioners including the respondent No.3 duly confirming
that they have
taken a decision not to continue these flexes/banners/etc
at those places
where the attention of the public may be distracted and accidents may occur.
4
In order to take preventive measures only, it appears such a decision is taken
by the higher ups of the department. Further, if the petitioner makes any
application to the above said endorsement of the respondent No.4, dated
28.08.2024, the same will be considered by following the due procedure.
6. In view of the above said facts and circumstances, it is made clear that
the impugned endorsement of the respondent No.4, dated 28.08.2024 shall be
treated as only Notice calling for the explanation of the petitioner in the light of
the above said references mentioned therein. The petitioner is permitted to
submit his explanation enclosing all the necessary documents in support of
their claim to the above said endorsement of the respondent No.4, dated
28.08.2024 within a period of two (02) weeks from the date of receipt of this
order. On receipt of the same, the respondent Nos.2 to 4 shall proceed with
the necessary enquiry pursuant to the above said Notice of the respondent
No.4, dated 28.08.2024 by hearing all the parties concerned including the
petitioner and upon verification of the records and the locations where
advertisements were displayed, appropriate decision shall be taken on its own
merits as expeditiously as possible preferably within a period of two (02)
months thereafter. Pending the above said enquiry, there shall not be any
coercive steps and there shall not be any further erections and display of
boards without permission of the respondent Nos.2 to 4. Subject to the
outcome of the above said enquiry, the display of devices of lollipops made by
the petitioner under the proceedings of the respondent No.3, dated
5
09.11.2023 shall be considered and if there is no further
renewal of the same,
the said display boards shall be allowed to be there
only up to the end of the
period granted for the year 2023-2024 i.e., up to 08.11.2024.
7. Accordingly, the Writ Petition is disposed of. Interim
order, if
any.
deemed to have been vacated. There shall be no order
as to costs.
As a sequel. Miscellaneous Petitions pending, if any,
shall stand
closed.
JUSTICE B KRISHNA MOHAN
Date; 30.08.2024
MSI