APHC010156052018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6886/2018 Between: 1. VINOD KUMAR JAIN,, S/O. BHAVARLAL, AGED 45 YEARS, OCC BUSINESS, R/O. TAYLORPET, NARASAPURAM, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 2. THE NARASAPURAM MUNICIPALITY, REP. BY ITS COMMISSIONER, NARASAPURAM, WEST GODAVARI DISTRICT. 3. THE HEALTH OFFICER, PUBLIC HEALTH DEPARTMENT, NARASAPURAM MUNCIPALITY, NARASAPURAM, WEST GODAVARI DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.6886 of 2018 ORDER: 1. The present Writ Petition is filed questioning the action of the Respondent No.2 in issuing Gazette Notification No.70, West Godavari District, dated 27.10.2017 for imposing of Trade License Tax on the Petitioner contrary to the provisions of Andhra Pradesh Tax on Professions, Trades, Callings & Employees Act, 1987, as illegal and arbitrary. 2. The brief facts of the case are as follows:- The Petitioner involved in the business of Gold and Silver. While so, the impugned Gazette Notification was issued as per Section 263 of the Andhra Pradesh Municipalities Act, 1965 fixing the Trade License Fee of Rs.4,000/- and Rs.2,000/- for trading of Gold and Silver respectively. 3. Heard Sri Vinod Kumar Jain, learned counsel for the Petitioner and Smt. Sireesha Rani Vallabhaneni, learned Standing Counsel for the Respondent No.2-Municipality. 4 4. This Court on 03.04.2018 passed an interim suspension order on the ground that the impugned Gazette Notification is in consonance with Schedule-IV of the A.P. Municipalities Act, 1965. 5. The learned Standing Counsel passed on the instructions signed by the Commissioner, Narsapur Municipality, wherein it is mentioned that the Respondent-Municipality is not collecting Trade License Fee from the Petitioner and the persons similarly situated pursuant to the interim order of this Court. It is also stated that the Respondent- Municipality will not collect Trade License Fee from the sellers of Gold and Silver shops in future also. 6. In that view, the Writ Petitions are closed by placing the written instructions on record. No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 24.04.2025 IS 5 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.6886 of 2018 Date: 24.04.2025 IS