NEXGEN EDUCATIONAL TRUST, HYD v. COMMISSIONER, MUNICIPAL CORP, KURNOOL DIST
WP/10207/2014 · 2025-04-08
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20230 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20230 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010283772014
IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10207 OF Between: Nexgen Educational Trust, Hyd Commissioner Municipal Corp Kurnool Dist Counsel for the Petitioner:
1. T RAJENDRA PRASAD Counsel for the Respondent:
1. B HANUMANTHA RAO (SC FOR KUR&NEL MC)
The Court made the following:
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10207 OF 2014 Nexgen Educational Trust, Hyderabad AND Commissioner Municipal Corp Kurnool Dist ...RESPONDENT Counsel for the Petitioner:
T RAJENDRA PRASAD Counsel for the Respondent:
B HANUMANTHA RAO (SC FOR KUR&NEL MC) the following:
IN THE HIGH COURT OF ANDHRA PRADESH [3460]
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ...PETITIONER ...RESPONDENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 10207 OF 2014 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
“…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring THE Notice dt. NIL, Serial No.208, issued by the respondent to Chaitanya Schools 45-142-13-B-2, Kappalnagar, V.R.Colony, Kurnool, as illegal, arbitrary, unconstitutional, contrary to principles of natural justice, without any power or authority, consequently set aside the same and direct the respondent not to demand the petitioner to obtain trade licenses to any of its branches of educational institutions and pass such other orders....”
2. Heard learned counsel for the petitioner and learned Standing Counsel for the Respondent. 3. During hearing learned counsel for the petitioner would contend that the Respondent/ Corporation had issued impugned notice calling upon the petitioner to pay Rs. 27,500/- towards Trade License. Learned counsel for the petitioner would submit that the Educational Institutions cannot be treated as Trade, which is registered under the provisions of Societies Registration Act. In similar circumstances, the erstwhile High Court of Andhra Pradesh, Hyderabad had also passed an order in similar circumstances exempting Educational Institutions from trade license in the case of “Visakhapatnam Typewriting Institutes Owners Welfare Association v. Visakhapatnam Municipal Corporation”1 . 1 2001 Supreme (A.P) 52. 4. Therefore, this Writ Petition is allowed, while setting aside the impugned Notice NIL, Serial No.208 issued by the respondent.
There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. __________________ NYAPATHY VIJAY, J Date: 08.04.2025 KK