Sri Chaitanya Educational Trust, v. Greater Visakhapatnam Municipal Corporation,
WP/17928/2014 · 2025-04-08
Nyapathy Vijay
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30105 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30105 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010433422014
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: 17928 Between: Sri Chaitanya Educational Trust, Greater Visakhapatnam Municipal Corporation Counsel for the Petitioner:
1. T RAJENDRA PRASAD Counsel for the Respondent:
1. S LAKSHMINARAYANA REDDY(SC FOR GVMC) 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: 17928 OF 2014 Sri Chaitanya Educational Trust, AND Greater Visakhapatnam Municipal Corporation ...RESPONDENT Counsel for the Petitioner:
T RAJENDRA PRASAD Counsel for the Respondent:
S LAKSHMINARAYANA REDDY(SC FOR GVMC) 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: 17928 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, issued by the respondent to Chaitanya Schools 10-12-8, Rednum Gardens, Jail Road, Visakhapatnam, Visakhapatnam District, 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. 2,000/- 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(0) Supreme (A.P) 52.
4. Therefore, this Writ Petition is allowed, while setting aside the impugned Notice dated. NIL, 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