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2025 DAILYLAW 32036 (AP)

Tirumala Cold storage (P) Ltd., v. The Guntur Municipal Corporation,

WP/24303/2014 · 2025-04-04

Nyapathy Vijay

body2025

Judgment text

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APHC010470342014 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24303 OF Between: Tirumala Cold Storage (p) Ltd., and Others The Guntur Municipal Corporation and Others Counsel for the Petitioner(S): 1. PRABHU NATH VASIREDDY Counsel for the Respondent(S): 1. GP-MUNCIPAL ADMN AND URBAN The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY ,THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24303 OF 2014 Tirumala Cold Storage (p) Ltd., and Others ...PETITIONER(S) AND The Guntur Municipal Corporation and Others ...RESPONDENT(S) Counsel for the Petitioner(S): PRABHU NATH VASIREDDY Counsel for the Respondent(S): MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following: IN THE HIGH COURT OF ANDHRA PRADESH [3460] THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY ...PETITIONER(S) ...RESPONDENT(S) THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 24303 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 action of the respondent in demanding license fee in respect of cold storage units owned by the petitioners as illegal, arbitrary, contrary to section 521(1) of Hyderabad Municipal Corporation Act, 1955 and the judgment of this Hon’ble court dated 03.09.2002 in W.P.No. 24628 of 1996 and batch and consequently direct the respondents not to collect any license fee from the petitioners cold storages and pass such other orders....” 2. Heard Mr. Vasireddy Prabhunath, learned counsel for the petitioners and learned Standing Counsel for the Respondents. 3. During hearing learned counsel for the petitioners would contend that this matter is squarely covered by an order of the High Court of Andhra Pradesh, Hyderabad, dated 03.09.2002 in W.P.No.24628 of 1996 and batch and requested to pass similar order in this writ petition also. Learned Standing Counsel for the respondents conceded the same. 4. Considering the submissions of learned counsel, this Writ Petition is disposed of in terms of the order passed in W.P.No.24628 of 1996 and batch, dated 03.09.2002 and the impugned demand for payment of license fee in respect of cold storage units owned by the petitioners is hereby set aside. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. The Registry is directed to annex a copy of the order in W.P.No.24628 of 1996 and batch, dated 03.09.2002 along with this order. __________________ NYAPATHY VIJAY, J Date: 04.04.2025 KK